Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:10946] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17349/2011 Manoj Kumar Tanwar Son Of Ishwarlal, Khatikon Ka Mohalla, Behind Government Society, Agra Road, Kanota, Jaipur ----Petitioner Versus
1. State Of Rajasthan Through Secretary Urban Development And Housing, Govt. Secretariat, Jaipur
2. Jaipur Municipal Corporation, Pandit Deendayal Upadhaya Bhawan, Lal Kothi, Jaipur Through Its Commissioner Personnel ----Respondents For Petitioner(s) : Mr. Anil Kumar Sharma For Respondent(s) : Mr. Vigyan Shah, AAG HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 07/03/2025
1. The instant petition is filed with the following prayers:-
“a) By an appropriate writ, order or direction the re- spondents may be directed to give compassionate ap- pointment to the petitioner on the suitable post as per his qualification and eligibility from the date when ap- plication was submitted with all consequential benefits. b) By an appropriate writ, order and direction the re- spondents may be directed to release the withhold ser- vice benefit of the deceased mother of the petitioner with interest from due date to the date of payment. c) Any other order or direction, this Hon’ble Court may deem fit and proper be also passed in favour of the pe- titioner.”
2. Heard and considered.
3. Upon a perusal of the record, it is noted that the death of the family member, against whom compassionate appointment is sought, occurred on 16.04.2010. Thereafter, the instant petition
[2025:RJ-JP:10946] (2 of 2) [CW-17349/2011] was filed seeking compassionate appointment in the Year 2011. The petition has come up on board for hearing for the first time today i.e. in the Year 2025. Ever since the filing of the instant petition, no active steps were taken by the petitioner for the early listing of the matter.
4. As on date, over 15 years have lapsed since the demise of the earning family member, against whom compassionate employment is sought. If compassionate appointment is made now, the same shall be against the object and purpose for which the appointment on compassionate grounds is provided. The whole object of granting compassionate employment is to enable the family to tide over the sudden crisis caused by the instant death of the earning family member. The object is not to give such family a post, much less a post held by the deceased family member. In this regard, reliance can be placed upon the dictum of the Hon’ble Apex Court as enunciated in Fertilizers and Chemicals Travancore Ltd. and Ors. vs. Anusree K.B. reported in AIR 2022 SC 4766.
5. As a result, in light of the foregoing observations, the instant petition is dismissed. Pending applications, if any, stand
disposed of.
(SAMEER JAIN),J Pooja /134