Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:12295] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7815/2014 Shivraj Saini ----Petitioner Versus U O I And Ors ----Respondent For Petitioner(s) : Mr. Sudarshan Laddha For Respondent(s) : Mr. Devesh Yadav HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 12/03/2025
1. The instant petition is filed with the following prayers:-
“i) Respondents be directed/ordered to give compen- sate appointment to the petitioner on the post as they deem fit for the petitioner considering his age and qualification on compassionate ground on the suitable post with all consequential benefits. ii) Any other writ, order or direction that this Hon’ble Court may deem just and proper in the facts and cir- cumstances of the case may also be granted in favour of the petitioner and against the non-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 26.04.2006. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2014. 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.
[2025:RJ-JP:12295] (2 of 2) [CW-7815/2014]
4. As on date, over 19 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 /326