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2025 DAILYLAW 11309 (RAJ)

VINOD KUMAR v. SECRETARY DEPARTMENT OF LOCAL

CW/4948/2007 · 2025-02-13

Mahendar Kumar Goyal

body2025

Judgment text

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[2025:RJ-JP:6460] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4948/2007 Shri Vinod Kumar Adopt S/o Late Shri Ramkaran, 5-D-28, Mahaveer Nagar-Iii, Kota Raj. ----Petitioner Versus 1. Secretary, Department Of Local Body, Government Of Rajasthan, Secretariat, Jaipur. 2. Director, Department Of Local Body, Government Of Rajasthan, Lal Kothi, Jaipur. 3. Municipal Corporation, Nagar Nigam, Kota Through Executive Officer. ----Respondents For Petitioner(s) : Mr. K C Sharma For Respondent(s) : Mr. G.S. Gill, AAG Mr. Neeraj Batra, GC HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/02/2025 1. The instant petition is filed with the following prayers:- “i) direction be given to given to the non-peti- tioner to give the appointment to the petitioner under Dependent Deceased Rules 1996. ii) any other order or relief’s which this Hon’ble Court may deem fit and proper may also be passed in the facts and circumstances of the case. iii) Cost of this petition be awarded 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 30.11.1996. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2007. 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. [2025:RJ-JP:6460] (2 of 2) [CW-4948/2007] 4. As on date, over 29 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/190