Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:8513] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18150/2013 Ram Kishan S/o Roshan Lal, Chiruni, Teh.- Mundawar, Alwar ----Petitioner Versus
1. The State Of Rajasthan Through The Secretary, Department Of Secondary Education, Government Of Raja, Secretariat, Jaipur
2. The Director, Secondary Education, Rajasthan, Bikaner
3. Ravindra S/o Khem Chand, R/o Chiruni, Teh.- Mundawar, Alwar ----Respondents For Petitioner(s) : Mr. Himmat Singh For Respondent(s) : Mr. B. S. Chhaba, AAG HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 19/02/2025
1. The instant petition is filed with the following prayers:-
“It is, therefore, humbly prayed that this writ petition may, kindly be accepted and allowed and by appropri- ate writ, order or direction the compassionate appoint- ment of the respondent-4 on the post of LDC in the Secondary Education Department of Govt. of Ra- jasthan be set aside as illegal and the respondent 1 to 3 be directed to recover all the monetary benefits re- spondent 4 has received in capacity of LDC.”
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 10.01.2006. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2013. The petition has come up on board for hearing after long period of time i.e. in the Year 2025. Ever since the filing of the instant
[2025:RJ-JP:8513] (2 of 2) [CW-18150/2013] petition, no active steps were taken by the petitioner for the early listing of the matter.
4. As on date, over 19 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 /92