HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17682/2016 Sushila Kumari Saini, Daughter Of Late Shri Mahaveer Prasad, By Caste Saini, Dhani Runlawali, Village And Post Garh Bhopji, Via Tholi, District Sikar. ----Petitioner Versus 1. Ajmer Vidhyut Vitran Nigam Limited, Vidyut Bhawan, Panchsheel Nagar, Makarwali Road, Ajmer Through Its Managing Director. 2. The Company Secretary, Ajmer Vidyut Vitran Nigam Limited, Vidyut Bhawan, Panchsheel Nagar, Makarwali Road, Ajmer-305004. 3. The Superintending Engineer, Sc Ajmer Vidyut Vitaran Nigam Ltd., Sikiar Circle, Sikar 4. The Executive Engineer Oandm, Ajmer Vidyut Vitran Nigam Ltd., Neem Ka Thana, District Sikar. 5. The Assistant Engineer Oandm Ajmer Vidyut Vitaran Nigam Ltd., Khandela, District Sikar . ----Respondents For Petitioner(s) : Mr. Pradeep Kalwania, Adv. For Respondent(s) : Mr. Ankur Rastogi, Adv. HON'BLE MR. JUSTICE SAMEER JAIN Judgment 25/03/2025 1. Learned counsel for the petitioner has submitted that petitioners’ father had expired on 10.07.1994, thereafter, on 15.09.2004, an application was submitted by the wife of the deceased with a prayer to consider the petitioner (i.e. youngest daughter of the deceased), stating that due to the social and customary practices, the widow-applicant cannot attain (2 of 3) [CW-17682/2016] appointment on compassionate ground, and the two daughters (elder most and the middle) were not having requisite qualifications, so warranted by the respondents. Therefore, appointment in place of the deceased be granted to his youngest daughter, upon attaining the age of majority. 2. It is further submitted that respondents have rejected the application of the applicant-widow on the ground of delay, however, the said action is arbitrary and misconceived, as the widow had made such application as soon as she was aware of her rights. 3. Per contra, learned counsel for the respondents has submitted that the present petition is filed in the Year 2016, seeking grant of compassionate appointment by the dependent of the deceased employee, who had expired in the year 1994 and application seeking grant of compassionate appointment, filed by the petitioner, upon attaining the age of majority, was rejected in the Year 2012. Therefore, it can be deduced that the plea made by the petitioner and the petitioner’s mother were at a belated stage, and is not in consonance with the Rules of compassionate appointment. 4. Heard and considered. 5. Considering the arguments advanced by the learned counsel for the parties, upon perusal of the records, taking note of the fact that compassionate appointment is not a vested rights; that it is created with a primary object of giving the family an aid qua the situation of harness and hardship that occurred due to sudden demise of the sole earner member of the family; that on account of the said fact that daughter of the deceased employee will attain (3 of 3) [CW-17682/2016] majority in terms of age, after 6 or 7 years of demise, respondents cannot be forced to grant appointment on compassionate grounds to the dependent after a significant delay; that as per the provisions of Compassionate Appointment Rules, dependent has to apply for compassionate appointment within a stipulated time period. 6. As on date, over 30 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. 7. As a result, in light of the foregoing observations, the instant petition is dismissed. Pending applications, if any, stand disposed of. (SAMEER JAIN),J chandan/299