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2025 DAILYLAW 11007 (RAJ)

RAJESH GAUTAM v. DIRECTOR POLICE TELECOMMUNICAT

CW/11148/2008 · 2025-02-13

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:7221] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11148/2008 Rajesh Gautam S/o Late Shri Unnati Kumar Gautam, aged about 34 years, resident of 59-A, Pratap Nagar, Behind Kushtha Ashram Agra Road, Khania, Jaipur. ----Petitioner Versus 1. Director, Police Telecommunication, Rajasthan, Jaipur. 2. Additional Superintendent Of Police Administration And Headquarters Police Telecommunication, Raja, Jaipur. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. B.S. Chhaba, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/02/2025 1. The instant petition is filed with the following prayers:- “(i) by issuing an appropriate writ, order or direction may be pleased to quash the letter/order dated 08/07/2008 (Anx.7), passed by the respondents holding the ac- tion of the respondents in depriving the pe- titioner appointment on compassionate ground as illegal, unjustified and bad in law; (ii) by an appropriate writ, order or direc- tion this Hon’ble Court may further be pleased to direct the respondents to con- sider the case of the petitioner and give him appointment on compassionate ground with all consequential benefits; (iii) any other order or direction which this Hon’ble Court may deem just and proper, may also kindly be passed in favour of the petitioner with costs.” 2. None present on behalf of the petitioner. 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 22.09.2006. Thereafter, the instant petition was filed [2025:RJ-JP:7221] (2 of 2) [CW-11148/2008] seeking compassionate appointment in the Year 2008. 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 19 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 /262