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2025 DAILYLAW 13434 (RAJ)

PAWAN KUMAR MEENA v. STATE OF RAJ AND ORS

CW/14890/2010 · 2025-03-05

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:9810] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.14890/2010 Pawan Kumar Meena S/o Late Shri Maliram Meena, aged about 24 years, R/o Village Poonia Ka Bas (Kalyyanpura), Post Bidasar, Tehsil Laxmangarh, District Sikar. ----Petitioner Versus 1. The State of Rajasthan through its Secretary Education Department, Government of Rajasthan, Jaipur. 2. The Secretary, Department of Personnel, Govt. of Rajasthan, Secretariat, Jaipur (Raj.) 3. The Director, Elementary Education, Bikaner. 4. The District Education Officer, (Elementary) Sikar. 5. Block Elementary Education Officer, Laxmangarh, District Sikar. ----Respondent For Petitioner(s) : Mr. Sunil Kumar Singodiya For Respondent(s) : Ms. Namita Parihar, Dy. G.C. Mr. Naveen Dhuwan HON'BLE MR. JUSTICE SAMEER JAIN Order 05/03/2025 1. The instant petition is filed with the following prayers:- “(i) To quash and set aside order dated 22-7-2010 (Annexure-12) (ii) By issuance of a suitable writ, order or direction respondents further be directed to provide suitable ap- pointment to petitioner on compassionate ground; (iii) Any other or order, direction which this Hon’ble Court deems just and proper in the facts and circum- stances of the case may also be passed in favour of the petitioners. (iv) Cost of the writ petition may also be awarded in favour of the petitioners.” 2. Heard and considered. [2025:RJ-JP:9810] (2 of 2) [CW-14253/2010] 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 31.12.2008. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2010. The petition has come up on board for hearing for the first time today i.e. in the Year 2024. 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 14 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 JKP/84