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2025 DAILYLAW 11563 (RAJ)

SURESH KUMAR VERMA v. STATE P H E D AND ORS

CW/14440/2013 · 2025-02-17

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:7323] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14440/2013 Suresh Kumar Verma son of late Shri Tulsi Ram Verma, R/o Plot No. 54, Patel Nagar Mahesh Nagar, Jaipur ----Petitioner Versus 1. State of Raj. Through its Secretary, Public Health Engineering Department, Government of Raj. Government Secretariat Jaipur. 2. The Chief Engineer, Public Health Engineering Department, Government of Raj., Jal bhawan, Jaipur. 3. The Assistant Engineer, Public Health Engineering Department, Government of Raj. Production Sub Division II (North) Mehandi ka Chowk, Jaipur. 4. Mukesh Kumar Verma son of Late Shri Tulsi Ram Verma, Resident of Plot No. 54, Patel Nagar, Mahesh Nagar, Jaipur. ----Respondents For Petitioner(s) : Mr. Arun Sharma For Respondent(s) : Mr. K. S. Rajawat HON'BLE MR. JUSTICE SAMEER JAIN Judgment 17/02/2025 1. The instant petition is filed with the following prayers:- “i) by issue of an appropriate writ, order or direction in the nature thereof direct the Respondent Nos. 1 to 3 to give appointment to the petitioner on compassionate grounds on a suitable post as per his qualifications in place of his deceased father as per the provisions of the Rajasthan Recruitment of Dependants of Govern- ment Servants Dying while in Service Rules, 1996. ii) award costs of this writ petition to the petitioners” 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 10.01.2008. Thereafter, the instant [2025:RJ-JP:7323] (2 of 2) [CW-14440/2013] petition was filed seeking compassionate appointment in the Year 2013. 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 12 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 /94