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2025 DAILYLAW 11698 (RAJ)

RAM AWATAR SAINI v. UNION OF INDIA AND ORS

CW/8677/2007 · 2025-02-13

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:7326] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8677/2007 Ram Awatar Saini son of Late Shri Suraj Mal Saini, aged about 30 years, resident of Plot No.8, Laxmi Nagr, Opposite 4 number Dispensary, Hatwara Road, Jaipur. ----Petitioner Versus 1. Union Of India through Home Secretary, Ministry of Home Affairs, Govt. of India, New Delhi. 2. Section Officer, Directorate of Medical Services (Army) Adjutant General’s Branch, Integrated HQ ofr MoD (Army) Army Headquarters, ‘L’ Block, New Delhi- 110001. ----Respondent For Petitioner(s) : None present For Respondent(s) : Mr. Rajendra Prasad Sharma HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/02/2025 1. The instant petition is filed with the following prayers:- “It is, therefore, most respectfully prayed that your lordships may graciously be pleased to called for the entire record of the case and the writ petition may kindly be al- lowed by an appropriate writ order or direc- tion in the nature thereof:- (i) the appointment on compassionate ground in place of his father may kindly be given to the petitioner. (ii) any other relief which may be found just and proper in the facts and circum- stances of the case may be given to the pe- titioner.” 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 26.11.2003. 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 [2025:RJ-JP:7326] (2 of 2) [CW-8677/2007] 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 22 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 /217