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[2025:RJ-JP:12589] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 11017/2015 Sanjay S/o Late Shri Dharmveer Singh Yadav, aged about 27 years, R/o Village And Post Mandola, Tehsil And District Rewari, Haryana ----Petitioner Versus
1. State Of Rajasthan Through Secretary Elementary Education, Govt. Secretariat, Jaipur
2. Director, Elementary Education, Rajasthan, Bikaner
3. Deputy Director, Elementary Education, Alwar, Rajasthan
4. Block Elementary Education Officer, Panchyati Samiti, Neemrana, Tehsil Neemrana, Distt. Alwar ----Respondents For Petitioner(s) : Ms. Purvi Gupta for Mr. Shiv Charan Gupta For Respondent(s) : Mr. Saumil Sharma for Mr. Gopal Krishna Sharma AGC HON'BLE MR. JUSTICE SAMEER JAIN Order 19/03/2025
1. The instant petition is filed with the following prayers:-
“(i) Pleased to direct the respondents to provide com- passionate appointment to the post of LDC or any suit- able post in the government service, to the petitioner, at the earliest and without any further delay. (ii) Please to direct the respondents to consider the application of the petitioner for compassionate ap- pointment Annexure-3, actively, fairly, sympathetically, as per the rules of 1996 and at the earliest possible may be within stipulated period as fixed by this Hon’ble Court and to provide the appointment to the petitioner. (iii) Any other order which is just and proper & in favour of the petitioner may be passed.”
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:12589] (2 of 2) [CW-11017/2015] sought, occurred on 19.07.2009. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2009. 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 15 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/94