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2025 DAILYLAW 13882 (RAJ)

SMT SUSHILA DEVI v. STATE PERSONNEL DEP ORS

CW/2575/2013 · 2025-03-11

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:12132] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 2575/2013 Smt. Sushila Devi W/o Late Martyr Shri Surendra Singh Maan, Village And Post Bhirr, Tehsil Buhana, District Jhunjhunu. ----Petitioner Versus 1. The State Of Rajasthan Through Principal Secretary, Department Of Personnel, Secretariat, Jaipur. 2. Director, Army Welfare Department, Jaipur Raj. 3. District Collector, Jhunjhunu Raj. ----Respondents For Petitioner(s) : Mr. Tarun Choudhary For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE SAMEER JAIN Judgment 11/03/2025 1. The instant petition is filed with the following prayers:- “i) The respondents may kindly be directed to allow appointment to the petitioner on the post of LDC on compassionate ground as per old provision of Rule 6-A of Rajasthan Subordinate Clerical Services Rules, 1999 with all consequential benefits. ii) The respondents may further be directed to with- draw its impugned order dated 13.12.2010 by treating the petitioner under zone of consideration and eligibil- ity for the post of LDC as per provision of Rules 1999. iii) Any other order which this Hon’ble Court deemed just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.” 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 22.07.1995. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2013. [2025:RJ-JP:12132] (2 of 2) [CW-2575/2013] 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. 4. As on date, over 30 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 /41