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2025 DAILYLAW 15528 (RAJ)

VIJESH KUMAR v. R S R T C AND ANR

CW/5511/2012 · 2025-02-17

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:7583] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5511/2012 Vijesh Kumar, Son Of Late Sh. Ramesh Kumar, Commercial Colony, Near Jain Mandir, Banswara Raj. ----Petitioner Versus 1. The Rajasthan State Road Transport Corporation Through Managing Director, Parivahan Marg, Near Civil Lines Phatak, Jaipur. 2. The Deputy General Manager Administration, The Rajasthan State Road Transport Corporation, Parivahan Marg, Near Civil Lines Phatak, Jaipur. ----Respondents For Petitioner(s) : Mr. Neeraja Khanna For Respondent(s) : Mr. S. L. Sharma HON'BLE MR. JUSTICE SAMEER JAIN Judgment 17/02/2025 1. The instant petition is filed with the following prayers:- “i) to direct the respondents to give compassionate ap- pointment to the petitioner as applied by him in his application (Annexure-1) ii) pass any other, which his Hon’ble Court deems fit and proper in favour of the petitioner may also be passed. iii) to allow the cost of this writ petition 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 26.03.2010. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2012. The petition has come up on board for hearing after long period of [2025:RJ-JP:7583] (2 of 2) [CW-5511/2012] time 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 15 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 /28