RAJU SAINI @RAJIV SAINI v. DIRECTOR AGRICULTURAL MARKETIN ORS
CW/3531/2015 · 2025-03-04
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25714 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25714 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:9958] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3531/2015 Raju Saini @rajiv Saini S/o Late Shri Ghashi Lal Saini, aged about 39 years, R/o Jaisiyaram Colony, Near Ramkund, Ward No.10, Dausa (Raj.). ----Petitioner Versus
1. The Director, Agriculture Marketing Government of Rajasthan, Pank Krishi Bhawan, Jaipur. 2. The Secretary, Krishi Upaj Mandi Samiti, Dausa. ----Respondents For Petitioner(s) : None For Respondent(s) : Ms. Manju Joshi, AGC Mr. Prashant Vijay for Mr. Lokendra Singh Rao HON'BLE MR. JUSTICE SAMEER JAIN Order 04/03/2025
1. The instant petition is filed with the following prayers:-
“i. By an appropriate writ, order or direction in the na- ture whereof the impugned order dated 10.02.2015 (Annexure-12) issued by the Respondent No.2 may kindly be quashed and set aside. ii. By an appropriate writ, order or direction in the na- ture whereof the respondents may kindly be directed to give suitable appointment to the petitioner on com- passionate grounds in place of Late Prabhati Devi who died while in service. iii. Any other order which this Hon’ble Court may deems fit and proper in the facts and circumstances of the case may also be passed in favour of the peti- tioner.”
2. Heard and considered./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
[2025:RJ-JP:9958] (2 of 2) [CW-3531/2015] sought, occurred on 19.04.2014. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2014. 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 10 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 JKP/48