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2025 DAILYLAW 22592 (RAJ)

SHEKHAR v. STATE DEP OFURBAN DEVELOP AND HOUS AND ORS

CW/9767/2014 · 2025-03-17

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:11846] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9767/2014 Shekhar S/o Late Shri Raju, aged about 28 years, Resident of Kolipada, Pratap Chowk, Ladpura, Kota (Raj.) ----Petitioner Versus 1. State of Rajasthan through its Principal Secretary, Department of Urban Development and Housing Secretariat, Jaipur. 2. Commissioner, Municipal Corporation, Kota (Raj.) ----Respondents For Petitioner(s) : Mr. Pradeep Singh for Mr. Rajvir Sharma For Respondent(s) : HON'BLE MR. JUSTICE SAMEER JAIN Judgment 17/03/2025 1. The present petition is filed for grant of compassionate appointment. 2. Learned counsel for the petitioner has submitted that petitioner has applied for compassionate appointment on 26.02.2005 after the demise of his mother in the Year 2004. 3. It is further submitted that respondents rejected the application of the petitioner for the grant of compassionate appointment vide order dated 21.07.2008, without according any reasonable justification. Therefore, aggrieved by the said order petitioner has filed the present petition in the Year 2014. 4. Heard and considered. 5. Considering the arguments advanced by the learned counsel for the petitioner, upon assiduous scanning of the records, upon [2025:RJ-JP:11846] (2 of 3) [CW-9767/2014] perusal of reply filed by the respondents, this Court has made the following observations:- 5.1. That the present petition is filed in the Year 2014. 5.2. That petitioners’ mother has died in the Year 2004. 5.3. That respondents have submitted in their reply that present petition is filed after a considerable delay of 7 Years, that petitioners’ application for the grant of compassionate appointment was rejected in the Year 2007 on the ground that his father was in service, that the petitioner has suppressed the fact of rejection of application filed for the grant of compassionate appointment in the Year 2007 from the Court thereby, deliberately misleading the Court, that since the application of the petitioner was already rejected in the Year 2007, a subsequent application does not effect the case of the petitioner. 5.4 That the application of the petitioner was rejected way back in the Year 2007 and the present petition is filed after a considerable delay of approximately 7 Years. If compassionate appointment is granted 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. [2025:RJ-JP:11846] (3 of 3) [CW-9767/2014] 6. As a result, in light of the foregoing observations, the instant petition is dismissed. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J DEEPAK/341