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[2025:RJ-JP:7137] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3313/2009 Sunil Kumar S/o Late Shri Munna Lal, aged about 23 years, Resident of E-48, Saini Colony-III, Mahesh Nagar, Jaipur. ----Petitioner Versus
1. The Managing Director, Jaipur Zila Dugdh Utpadak Sahkari Sangh Ltd., JLN Marg, Jaipur. 2. The Deputy Manager, Managing Director, Jaipur Dugdh Utpadak Sahkari Sangh Ltd., JLN Marg, Jaipur. ----Respondents For Petitioner(s) : None For Respondent(s) : Mr. Sudesh Saini HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/02/2025
1. The instant petition is filed with the following prayers:-
“It is, therefore, humbly and most respect- fully prayed that the writ petition may kindly be allowed and by appropriate writ order or direction the impugned order dated 29.11.2007 and 10.03.2008 may kindly be quashed and set aside and the respondents be directed to give the petitioner appoint- ment on the compassionate grounds due to the death of his father Shri Munna Lal. Any other order or direction which may be considered just and proper in facts of the circumstances of the case may kindly be passed in favour of the petitioner. The cost of the litigation may kindly be awarded to the petitioner.”
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 31.03.2007. Thereafter, the instant petition
[2025:RJ-JP:7137] (2 of 2) [CW-3313/2009] was filed seeking compassionate appointment in the Year 2009. 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 18 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/305