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[2025:RJ-JP:10952] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18155/2011 Sachin Kashyap S/o Late Gauri Shankar Kashyap, Adopted Son Of Late Naurati Devi, 37, Ghan Shyam Colony, Behind Manglam Vidyapeeth, Badanpura Chowkri Gangapole, Jaipur. ----Petitioner Versus
1. The State Of Rajasthan Through Principal Secretary, Department Of Medical And Health, Government Of Rajasthan, Secretariat, Jaipur.
2. The Additional Director Admn., Medical And Health Services, Rajasthan, Jaipur.
3. The Chief Medical And Health Officer, Jaipur-I, Jaipur. ----Respondents For Petitioner(s) : None 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:-
“i) by issuance of an appropriate writ, order or direc- tion quash and set aside the impugned order dated 31.03.2011 (Annexure-13) and the respondents be di- rected to provide compassionate appointment to the petitioner with all consequential benefits. ii) Any other appropriate writ, order or directions which is deemed just and proper by this Hon'ble Court may also be passed in favour of the petitioner.”
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 27.01.2010. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2011.
[2025:RJ-JP:10952] (2 of 2) [CW-18155/2011] 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 /138