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2025 DAILYLAW 28606 (RAJ)

SMT CHOTI DEVI v. STATE PANCHAYATI RAJ DEPORS

CW/6025/2012 · 2025-03-10

Sameer Jain

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:11643] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 6025/2012 Smt Choti Devi ----Petitioner Versus State Panchayati Raj Dep & ors ----Respondents For Petitioner(s) : Mr. Ashok Yadav For Respondent(s) : Ms. Sara Parveen for Mr. Kapil Prakash Mathur, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 10/03/2025 1. The instant petition is filed with the following prayers:- “i) An appropriate writ, order or direction to the re- spondents for declaring the petitioner's husband (the deceased employee) to be regular employee after completion of 10 years of service w.e.f. 1980 or in al- ternate, to issue specific directions to the respondents for passing such orders in respect of deceased em- ployee in regard to attaining status of regular em- ployee with consequential benefits. ii) An appropriate writ, order or direction to the re- spondents for grant of family pension to the petitioner w.e.f. 22.03.2011 with consequential relief and its ar- reas iii) An appropriate writ, order or direction to the re- spondents for grant of 12% interest on the arrears of the pension w.e.f. 22.03.2011 till the date of actual payment. iv) Any other appropriate writ, order or direction to the respondents, which this Hon'ble Court deems just and proper in the circumstances of the case.” 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 [2025:RJ-JP:11643] (2 of 2) [CW-6025/2012] is sought, occurred on 22.03.2011. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2012. 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 disposal of the matter. 4. As on date, over 14 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 /34