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2025 DAILYLAW 26813 (RAJ)

PRINCE KUMAR v. STATE EDUCATION DEPARTMENTORS

CW/4223/2016 · 2025-03-25

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:14196] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4223/2016 Prince Kumar ----Petitioner Versus State Education Departmentors ----Respondent For Petitioner(s) : Mr. Dharmendra Kumar Barala For Respondent(s) : Mr. Saumil Sharma for Mr. G.K. Sharma, AGC HON'BLE MR. JUSTICE SAMEER JAIN Judgment 25/03/2025 1. The instant petition is filed with the following prayers:- “i) impugned order dated 16.03.2015 as con- veyed to the petitioner vide letter dated 26.02.2016 be quashed and set aside and di- rect the respondents to consider the case of the petitioner for compassionate appointment on the post applied for, in place of his late fa- ther from the date his candidature was re- jected and accordingly grant him all conse- quential benefits; ii) any other or direction as may be deemed fit and proper in the facts and circumstances of the case may also be passed in favour of hum- ble petitioner; iii) Cost of this writ petition may also be awarded in favour of humble 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 26.11.2014. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2016. The petition has come up on board for hearing for the first time today i.e. in the Year [2025:RJ-JP:14196] (2 of 2) [CW-4223/2016] 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 11 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 DEEPAK/262