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[2025:RJ-JP:7187] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9621/2008 Kundan Singh S/o Late Shri Subhkaran Singh, Village And Post Hanumanpura, Via Mandawa, District Jhnujhnunu Raj. ----Petitioner Versus
1. The State Of Rajasthan Through Secretary, Elementary Education, Department Of Education, Secretariat, Jaipur
2. The Director Elementary Education, Department Of Education, Bikaner
3. The District Education Officer, Elementary Education, Jhunjhunu
4. The Block Elementary Education Officer, Panchayat Samiti Nawalgarh, District Jhunjhunu ----Respondents For Petitioner(s) : Mr. Sunil Kumar Singodiya For Respondent(s) : Mr. B.S. Chhaba, AAG Mr. Gopal Krishna Sharma, AGC HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/02/2025
1. The instant petition is filed with the following prayers:-
“(i) the Hon’ble Court may kindly be pleased to direct the respondents to give ap- pointment to the petitioner on suitable post on the compassionate ground as per his eli- gibility and qualification with all consequen- tial benefits. ii) any other order which this Hon’ble Court deems fit in the facts and circum- stances of the case may also be passed in favour of the petitioner. iii) cost of the writ petition may also be awarded in favour of the petitioner.”
2. Heard and considered. [2025:RJ-JP:7187] (2 of 2) [CW-9621/2008]
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 27.05.2008. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2008. 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 17 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/256