Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:13043] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 5922/2015 Giriraj Khatri ----Petitioner Versus State P H E D And Ors ----Respondents For Petitioner(s) : Ms. Archana Sharma For Respondent(s) : Ms. Minakshi Jain, GC HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 20/03/2025
1. The instant petition is filed with the following prayers:-
“i) the respondents may kindly be directed to give ap- pointment to the petitioner in place of his father under the provisions of Compassionate Appointment Rules,
1996. ii) Any other order which may be found just and proper in the facts and circumstances of the case be passed in favour of the petitioner.”
2. Heard and considered.
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 01.11.2009. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2015. 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.
[2025:RJ-JP:13043] (2 of 2) [CW-5922/2015]
4. As on date, over 16 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 Pooja /80