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2025 DAILYLAW 13663 (RAJ)

SHABBIR MOHAMMED v. STATE HOME DEPARTMENT ORS

CW/9233/2011 · 2025-03-06

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:10791] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9233/2011 Shabbir Mohammed ----Petitioner Versus State Home Department & Ors ----Respondents For Petitioner(s) : Mr. Naseemuddin Quazi For Respondent(s) : Mr. Bhuvnesh Sharma, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 06/03/2025 1. The instant petition is filed with the following prayers:- “It is, therefore, most humbly prayed that this Hon'ble Court may graciously be pleased to quash and set aside the order dated 11.07.2010 (Annex.-1) and fur- ther be pleased to direct the respondents to give ap- pointment to the petitioner on compassionate ground on appropriate post, as per rules. Any other order which this Hon’ble Court deems proper in the facts and circumstances of the case may also be passed in favour of the petitioner along with cost.” 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 20.09.1989. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2011. The petition has come up on board for hearing for the first time 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. [2025:RJ-JP:10791] (2 of 2) [CW-9233/2011] 4. As on date, over 36 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 /114