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2025 DAILYLAW 25607 (RAJ)

RAJESH KUMAR v. STATE OF RAJ AND ORS

CW/14375/2010 · 2025-02-13

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:7702] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14375/2010 Rajesh Kumar S/o Late Shri Karan Singh, Village Brijpura, Panchayat Samiti Buhana, Distt. Jhunjhunu. ----Petitioner Versus 1. The State Of Rajasthan Through The Secretary, Soldiers Welfare Department, Govt. Of Rajasthan, Jaipur. 2. District Collector, Jhunjhunu. 3. District Soldiers Welfare Officer, Chirawa, Distt. Jhunjhunu. ----Respondents For Petitioner(s) : None present For Respondent(s) : Mr. Bhuvnesh Sharma, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/02/2025 1. The instant petition is filed with the following prayers:- “I. By an appropriate writ, order or direc- tion the impugned order dated 02.06.2009 is- sued by the Resp. No.2 may kindly be quashed and set-aside and the Petitioner be held entitled to be appointed for a suitable post under the special scheme of the Govt. for providing employment in the Govt. to eli- gible ward/dependent of the deceased Sol- dier. II. By an appropriate writ, order or direc- tion, the Respondents be directed to recon- sider the application of the Petitioner impar- tially and to provide suitable employment un- der the Govt. of Rajasthan. III. Any other appropriate writ, order or di- rection which may be considered just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. IV. Costs may also be allowed to the peti- tioner.” [2025:RJ-JP:7702] (2 of 2) [CW-14375/2010] 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 13.06.1974. 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 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 51 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 /420