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2025 DAILYLAW 24279 (RAJ)

BODU RAM v. STATE HOME DEPARTMENTORS

CW/13768/2015 · 2025-03-24

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:13643] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13768/2015 Bodu Ram S/o Late Shri Nagar Mal Sharma, Dob 01-01-1990, V And P Dayodaramsinghpura, kishangarh Rainwal, Distt. Jaipur Raj. ----Petitioner Versus 1. The State Of Rajasthan Through Additional Chief Secretary, Department Of Home, Rajasthan, Jaipur. 2. The Director General Of Police, Rajasthan, Jaipur. 3. The Inspector General Of Police, Hq, Jaipur, Rajasthan. 4. The Superintendent Of Police, Hq, Jaipur, Rajasthan. 5. The Superintendent Of Police, Jaipur City North, Jaipur, Rajasthan. 6. The Deputy Superintendent Of Police Hq, Jaipur, Rajasthan. ----Respondents For Petitioner(s) : Mr. Atul Bhardwaj For Respondent(s) : Ms. Krishma Soni for Mr. Vinod Kumar Gupta, AGC HON'BLE MR. JUSTICE SAMEER JAIN Judgment 24/03/2025 1. The instant petition is filed with the following prayers:- “i) the respondents may kindly be directed to allow compassionate appointment to the petitioner on the post of Constable/Constable Driver/LDC/Class IV em- ployee or any other alternative post in Rajasthan Police by finalizing his entire process of appointment on com- passionate ground as per rule 1996 in place of his de- ceased father with all consequential service benefits. ii) Any other order which this Hon’ble Court deemed just and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.” 2. Heard and considered. [2025:RJ-JP:13643] (2 of 2) [CW-13768/2015] 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 04.10.1990. 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 35 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 /178