SANTOSH ALIAS BHANWARI BAI v. STATE OF RAJ AND ORS
CW/4569/2004 · 2025-02-13
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 11722 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 11722 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:7963] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4569/2004 Santosh Alias Bhanwari Bai ----Petitioner Versus State Of Raj And Ors ----Respondent For Petitioner(s) : Mr. Ashwani Chobisa For Respondent(s) : Mr. Vigyan Shah, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/02/2025
1. The instant petition is filed with the following prayers:-
“a) by issuance of an appropriate writ, or- der or direction to the respondents be di- rected to consider the application submitted by the petitioner for grant of appointment in place of her father under the Rules of 1996 and the respondents be further directed to grant appointment to the petitioner on the post of Class-IV employee in place of her fa- ther and your Lordships may kindly be fur- ther pleased to quash and set aside the order dated 10.02.2009 passed by the respondents in all respect and the respondents be di- rected to appoint the petitioner as Class-IV employee upon the permanent post in sub- stantive capacity by affecting the same since the date of filing the application with all con- sequential benefits, salary, seniority etc. ii) Any other appropriate writ, order or di- rection which this Hon’ble Court may deem fit in the facts and circumstances of the case may also kindly be issued 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
[2025:RJ-JP:7963] (2 of 2) [CW-4569/2004] sought, occurred on 13.03.1998. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2004. 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 27 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/120