BHARTI SAINI DAUGHTER OF LATE SHRI BABU LAL SAINI v. THE STATE OF RAJASTHAN
SAW/732/2025 · 2025-08-19
Bhuwan Goyal, Inderjeet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22284 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22284 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:32373-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 732/2025 IN S.B. Civil Writ Petition No.9005/2015 Bharti Saini Daughter Of Late Shri Babu Lal Saini, Aged About 31 Years, R/o Village And Post Kotkasim, Mohalla Sainiwada, District Alwar, Rajasthan. ----Appellant Versus
1. The State Of Rajasthan, Through Its Principal Secretary, Education Department, Government Secretariat, Jaipur.
2. Director, Elementary Education Department, Bikaner.
3. District Education Officer, Elementary Education Department, Alwar.
4. Block Elementary Education Officer, Kot Kasim, District Alwar. ----Respondents For Appellant(s) : Mr. Gopesh Kumar on behalf of Mr. R.P. Saini. For Respondent(s) :
HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL
Order 19/08/2025 In Application No.711/2025:- Heard on the application under Section 5 of the Limitation Act for condonation of delay in filing the appeal. For the reasons mentioned in the application, the same is allowed. The delay in filing the appeal is condoned. In D.B. Special Appeal Writ No. 732/2025:-
[2025:RJ-JP:32373-DB] (2 of 3) [SAW-732/2025] This appeal has been filed by the appellant challenging the
order dated 19.03.2025 passed by the learned Single Judge in S.B. Civil Writ Petition No.9005/2015 whereby the writ petition filed on behalf of the petitioner was dismissed. Counsel appearing on behalf of the appellant argued that the learned Singe Judge has failed to consider the facts and law involved in the matter and prayed for allowing the present appeal filed on behalf of the appellant. Heard counsel for the appellant and perused the material available on record as well as the order passed by the learned Single Judge. After going through the record, we find that the learned Single Judge dismissed the writ petition filed on behalf of the appellant seeking compassionate appointment. On this ground, the Court made the following observations in para Nos.3 & 4 which reads as under:-
“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
27.07.2005. Thereafter, the instant petition
was
filed
seeking compassionate appointment in the Year 2015.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 20 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
[2025:RJ-JP:32373-DB] (3 of 3) [SAW-732/2025] 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 Travan core Ltd. and Ors. vs. Anusree K.B. reported in AIR 2022 SC 4766.” We are in complete agreement with the view taken by the learned Single Judge, as the application seeking compassionate appointment was filed by the petitioner after a delay of 10 years.
In view of the above, no case is made out for interference by this Court, especially since more than 20 years have already elapsed. Accordingly, this appeal stands dismissed. (BHUWAN GOYAL),J (INDERJEET SINGH),J MG/51