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[2025:RJ-JP:7345] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9127/2012 Hem Singh Rajput S/o Late Shri Ganga Singh Rajput, Village Post Ramgarh, Tehsil Mahwa, District Dausa Raj. ----Petitioner Versus
1. State Of Rajasthan, Through Secretary To The Government, Public Works Department, Secretariat, Jaipur.
2. Chief Engineer And Additional Secretary, Public Works Department, Jaipur Raj.
3. Superintending Engineer, Publis Works Department, Sub Division Mahwa, Distt. Dausa.
4. Executive
Engineer,
Public
Health
Engineering Department, Sub Division Mahwa, Distt. Dausa.
5. Assistant Engineer, Public Health Department, Sub Division Mahwa, Distt. Dausa. ----Respondents For Petitioner(s) : Mr. D.P. Sharma For Respondent(s) : None HON'BLE MR. JUSTICE SAMEER JAIN
Order 19/02/2025
1.
Learned counsel for the petitioner has submitted that the petitioner has applied for the grant of compassionate appointment after the demise of his father.
2. It is further submitted that respondent No.2 vide order dated 05.07.2011, withheld the candidature of the petitioner stating that the said appointment would be made after the outcome of criminal case pending against the father of the petitioner (Annexure-8).
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3. Further, it is submitted that father of the petitioner was rendering services under the Public Works Department and presented his earned leave from 09.02.2011 to 18.02.2011 and remained absent till the date of his death on 23.05.2011 (Annexure-8).
4. Heard and considered.
5. Considering the arguments advanced by the learned counsel for the petitioner, upon perusal of the records, this Court has made the following observations:- 5.1 That petitioner was aged approximately 36 years at the time of filing of the petition i.e., in the Year 2012. 5.2 That as on date, petitioner is aged approximately 50 years. 5.3 That compassionate appointment is not a vested right. 5.4 That aim and object of the compassionate appointment is alleviate the hardship caused to the family on account of demise.
6. As on date, over 12 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.
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7. 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/s-273