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2025 DAILYLAW 11394 (RAJ)

SMT.SHAKUNTALA DEVI v. M D, S B B J, JAIPUR

CW/533/2007 · 2025-02-13

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:7448] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 533/2007 Smt. Shakuntla Devi Wife Of Late Shri Indar Singh, Subhash Colony, House No. 89, Behind Sbbj, Dausa, District Dausa ----Petitioner Versus 1. Managing Director, Sbbj, Jaipur, Tilak Marg, C-Scheme, Jaipur 2. Branch Manager, Sbbj, Dausa Branch ----Respondents For Petitioner(s) : Mr. Rajat Ranjan For Respondent(s) : Ms. Anita Agarwal HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/02/2025 1. The instant petition is filed with the following prayers:- “It is, therefore, prayed that your Lord- ships; may very graciously be pleased to accept this writ petition and may be further pleased to quash and set aside the order dated 3.11.2000 Annexure-4 passed by the respondents and the respondents may kindly be directed to give appointment to son of petitioner Ummed Singh immedi- ately. Any other writ, order or directions to which the petitioner may be entitled to in the circumstances of the case may be is- sued in his favour; cost of the writ petition may 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 13.03.1997. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2007. On directions of [2025:RJ-JP:7448] (2 of 2) [CW-533/2007] 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 28 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 /179