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2025 DAILYLAW 10997 (RAJ)

RAM CHARAN v. STATE OF RAJ AND ANR

CW/6429/2002 · 2025-02-13

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:7174] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6429/2002 Ram Charan S/o Late Shri Madan, aged about 26 years, R/o Ismile Chowk, Nayapura, Kota, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan Through Its Secretary, Department Of Local Self Government Rajasthan., Secretariat, Jaipur. 2. Commissioner, Municipal Corporation, Kota Rajasthan ----Respondents For Petitioner(s) : Mr. Pradeep Singh For Respondent(s) : Mr. G.S. Gill, AAG Mr. Neeraj Batra, GC Ms. Vandana Sharma, DGC HON'BLE MR. JUSTICE SAMEER JAIN JUDGMENT 13/02/2025 1. The instant petition is filed with the following prayers:- “Therefore, it is prayed that your Lordships may kindly be pleased to call for the entire relevant record and may kindly be perused/ examine. That your Lordships may kindly be pleased to accept and allow the writ petition and your lordships may kindly be further pleased to quash and set aside the order (Annexure-11) dated 18.01.2002. Your lordships may kindly be further pleased to pass an order/ direction/command/mandamus against the non-petitioner may kindly be directed to ap- point on compassionate ground the petitioner on a suitable permanent post/immediately in substantive capacity in permanent and regu- lar pay scale with all consequential benefits. The petitioner may kindly be appointed w.e.f. the date of application dated 23.03.2000 with all consequential benefits. It may kindly be declared that petitioner is entitled for such benefit. Any other order which is just and reasonable, may also be passed in favour 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, [2025:RJ-JP:7174] (2 of 2) [CW-6429/2002] occurred on 05.06.1998. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2002. On directions of the Court, the matter has come up on board for hearing 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 27 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 ANIL SHARMA /52