MAN MOHAN MEENA AND ANR v. STATE PERSONNEL DEPARTMENTORS
CW/9717/2013 · 2025-03-11
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18512 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18512 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:11996] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9717/2013 Man Mohan Meena And Anr ----Petitioners Versus State of Raj. & ors ----Respondents For Petitioner(s) : None For Respondent(s) : Mr. Saumitra Chaturvedi, Dy. G. C.
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 11/03/2025
1. The instant petition is filed with the following prayers:-
“i) issue an appropriate writ, order or directions to de- clare the action of the respondents in giving appointment to respondent No. 6, who is nonest in the family of the deceased employee to get relief on compassionate ground, to be wholly illegal arbitrary, unreasonable un- justified and unconstitutional; ii) By an appropriate writ, order or directions, petitoiners be declared entitled for their appointment on compas- sionate ground on their attaining the age of majourity in respondent department in place of their late father Satya Narain Meena who died while in services of the respon- dent Rajasthan Police posted in District Bundi Depart- ment. iii) Issue an appropriate writ, order or directions thereby directing respondents to forthwith recall their appoint- ment orders Annexure-7,8 and 9 whereby they have given appointment to respondent No. 6, on compassion- ate ground without she being eligible and entitle in place of her late husband Satya Narain Meena, who died while their services. iv) By an appropriate writ, order or directions, the re- spondents be directed to forthwith dismiss the services of respondent No. 6 which she obtained it fraudulently, wrongfully and with concealment of true facts. v) By an appropriate writ, order or directions, the re- spondent No.5 the Bank be directed to cease the account No. 61151903890 of respondent No. 6; and not to allow her to withdraw the amount of Rs. 5.34 lacs lying in de- posit as monetary benefits of services of late Satya Narain Meena the father of petitioners;
[2025:RJ-JP:11996] (2 of 2) [CW-9717/2013] vi) Issue such appropriate writ, order or directions as may be deemed just and proper by Hon'ble Court in facts and circumstances of case and in favour of the humble petitioners.”
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 25.01.2012. 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 petition, no active steps were taken by the petitioner for the early listing of the matter. 4.
As on date, over 13 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 /76