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2025 DAILYLAW 22662 (RAJ)

AASHISH DHOTIA v. STATE OF RAJ AND ANR

CW/12836/2008 · 2025-02-13

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:7248] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12836/2008 Aashish Dhotia, aged about 26 years, S/o Mahendra Kumar Dhotia, Resident of Dhotia Bhawan, Dhan Mandi, Jhalawar (Rajasthan) ----Petitioner Versus 1. The State of Rajasthan through Deputy Director, Secondary Education, Kota Zone, Kota. 2. District Education Officer (Secondary), Jhalawar. ----Respondents For Petitioner(s) : Mr. Sanjay Mehrishi For Respondent(s) : Mr. B.S. Chhaba, AAG Ms. Namita Parihar, Dy.GC HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/02/2025 1. The instant petition is filed with the following prayers:- “(a) By an appropriate writ, order or direc- tion the Non-Petitioners be directed to give appointment to the petitioner on compas- sionate basis on account of death of his fa- ther Shri Mahendra Kumar Dhotia. (b) By an appropriate writ, order or direc- tion the letter/order dated 8.5.2008 (Annex- ure No.8) passed by District Education Offi- cer (Secondary), Jhalawar be quashed. (c) By an appropriate writ, order or direc- tion any order which is prejudicial to the in- terests of Petitioner be quashed and set- aside. (d) Costs be awarded in favour of the Peti- tioner.” 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 23.08.2007. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2008. On directions of the Court, the matter has come up on board for [2025:RJ-JP:7248] (2 of 2) [CW-12836/2008] hearing 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 18 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 Anil Sharma/268