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2025 DAILYLAW 25041 (RAJ)

CHATRAPAL SINGH v. R S R T C

CW/11627/2010 · 2025-02-13

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:7826] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11627/2010 Chatrapal Singh, Son Of Shri Bharat Singh, Village- Kenai Kala, Via- Bhinai, District Ajmer ----Petitioner Versus Rajasthan State Road Transport Corporation Through Its Managing Director, Head Office, Parivahan Marg, Jaipur ----Respondent For Petitioner(s) : None present For Respondent(s) : Mr. Parnav Bhansali HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/02/2025 1. The instant petition is filed with the following prayers:- “(i) to quash and set aside the impugned order dt. 02/03/2010 (Anx.7), passed by the respondent-Corporation; (ii) to direct the respondent-corporation to consider the candidature of the petitioner for compassionate appointment against any of the suitable post which are available within the pay-scale from 1 to 9. (iii) any other order or direction which this Hon’ble Court may deem just and proper in the facts and circumstances of the case and in the interest of justice, may also kindly be passed in favour of the petitioner with costs.” 2. None present on behalf of the petitioner. 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 01.04.2006. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2010. On directions of the Court, the matter has come up on board for [2025:RJ-JP:7826] (2 of 2) [CW-11627/2010] 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 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 Anil Sharma/400