Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:2917] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1096/2008 Miss Priti Sharma aged 29 years, D/o Late. Smt. Usha Kumari Sharma (Father's name Shri Siya Ram Sharma, R/o House No. A-268, Vasundhara Colony Gopal Pura By-pass Jaipur ----Petitioner Versus
1. The State of Rajasthan, through the Chief Secretary Government Secretariat, Jaipur
2. The Secretary, Department of Secondary Education, Government of Rajasthan, Government Secretariat, Jaipur
3. The Director, Board of Secondary Education, Government of Rajasthan, Bikaner
4. The District Education Officer (Secondary Education), Jaipur-I, Jaipur-I.
5. The Head Master, Government Girls Secondary School, Brahmpuri, Jaipur Respondent For Petitioner(s) : Ms. Shruti Pareek For Respondent(s) : Ms. Anjum Praveen Salawat for Ms. Namita Parihar Dy.GC HON'BLE MR. JUSTICE SAMEER JAIN
Order 21/01/2025
1.
Learned counsel for the petitioner has submitted that petitioner has applied for compassionate appointment on account of demise of her mother on 04.03.2006, which is rejected by the respondents on the ground that father of the petitioner is already in service.
2.
Learned counsel for the respondents has submitted that compassionate appointment is not a matter of right and same is granted to protect the person from hardship faced on account of the sudden demise of the sole-bread earner of the family.
[2025:RJ-JP:2917] (2 of 2) [CW-1096/2008]
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 04.03.2006. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2008. The petition has come up on board for hearing today i.e. in the Year 2025.
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 ANIL SHARMA /108