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2025 DAILYLAW 15318 (RAJ)

KOSHLIYA DEVI v. R S R T C AND ANR

CW/12164/2011 · 2025-03-06

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:10613] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12164/2011 Koshliya Devi ----Petitioner Versus R S R T C And Anr ----Respondent For Petitioner(s) : Mr. Kailash Choudhary For Respondent(s) : Mr. Surendar Meel HON'BLE MR. JUSTICE SAMEER JAIN Judgment 06/03/2025 1. The instant petition is filed with the following prayers:- “i) By an appropriate writ, order and direction in the nature thereof may be directed to give compassionate appointment to the petitioner son on the appropriate post with all consequential benefits. ii) By an appropriate writ order and direction to the re- spondents to released the benefits to the dependents of deceased viz. payment of provident fund, Gratuity, dues of wages, overtime, selection grade benefits re- vised pay scale arrears, pension etc. iii) Any other relief as this Hon'ble Court may deem fit and proper be also 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 01.07.2008. 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 [2025:RJ-JP:10613] (2 of 2) [CW-12164/2011] petition, no active steps were taken by the petitioner for the early listing of the matter. 4. As on date, over 17 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. 6. Learned counsel for the petitioner is at liberty to file representation before the competent authority, if any grievance still prevails. (SAMEER JAIN),J Pooja /148