CHANDRA SHEKHER ANDANR v. STATE AYURVED DEPARTMENTANR
CW/16298/2015 · 2025-03-03
Sameer Jain
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 24682 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24682 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:9512] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16298/2015
1. Chandra Shekher S/o Late Chaturbhuj Prasad, Village Hasanpur, Post Gadoli, Tehsil, Nadbai, District Bharatpur
2. Smt. Sukhdei W/o Late Shri Chaturbhuj Prasad, Village Hasanpur, Post Gadoli, Tehsil, Nadbai, District Bharatpur ----Petitioners Versus
1. State Of Rajasthan Through Director, Ayurved Department, Government Of Rajasthan, Ajmer
2. District Ayurved Officer, District Bharatpur, Rajasthan ----Respondents For Petitioner(s) : Mr. Sandeep Saxena For Respondent(s) : Mr. Bhuvnesh Sharma, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgmen
t 03/03/2025
1. The instant petition is filed with the following prayers:-
“i) This Hon’ble Court may kindly be pleased to call the entire record of the case and after examine the same be pleased to quash and set aside the action of the re- spondent as well as the communication dated 19.03.2015 and the respondent may be directed to give the appointment to the petitioner as per his quali- fication. ii) If any prejudicial order to the interest of the peti- tioner is passed during the pendency of the writ peti- tion, the same may kindly be taken on record and be pleased to quash and set aside. iii) Any other appropriate writ, order or direction which may be considered just and proper in the facts and cir- cumstances of the case may kindly be passed in favour of the 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
[2025:RJ-JP:9512] (2 of 2) [CW-16298/2015] is sought, occurred on 21.02.2014. 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 11 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 /123