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2025 DAILYLAW 18410 (RAJ)

SUKHDEO PRAJAPAT v. COMMANDIG OFFICER AND ORS

CW/786/2013 · 2025-03-12

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:12489] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 786/2013 Sukhdeo Prajapat ----Petitioner Versus Commanding Officer And Ors ----Respondents For Petitioner(s) : Mr. Veyankatesh Garg For Respondent(s) : Mr. Ajay Shukla HON'BLE MR. JUSTICE SAMEER JAIN Judgment 12/03/2025 1. The instant petition is filed with the following prayers:- “i) The order of rejection of the application passed by the Respondent No. 3 may kindly be quashed and set aside. ii) The petitioner may be appointed on the post of his father on compassionate grounds. iii) Cost of writ petition may also kindly be awarded in favour of the petitioner. iv) Any other order, relief or direction which this Hon'ble Court deems fit and proper be passed in favour of the humble 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 22.05.2011. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 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 [2025:RJ-JP:12489] (2 of 2) [CW-786/2013] petition, no active steps were taken by the petitioner for the early listing of the matter. 4. As on date, over 14 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 /257