BHANU PRAKASH CHATURVEDI v. STATE ELEMENTARY EDUCATION ORS
CW/7229/2012 · 2025-03-10
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28968 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28968 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:11660] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7229/2012 Bhanu Prakash Chaturvedi ----Petitioner Versus State Elementary Education & Ors ----Respondents For Petitioner(s) : Mr. Saransh Saini For Respondent(s) : Mr. B. S. Chhaba, AAG HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 10/03/2025
1. The instant petition is filed with the following prayers:-
“i) By an appropriate writ, order or direction the ac- tion/inaction/ommission on the part of the respondent may kindly be declared as illegal arbitrary and respon- dents may specifically be directed to consider the can- didature of the petitioner on the post of Teacher Grade III on compassionate ground taking into consideration the eligibility criteria for the said post on the date of submitting the application for on the date when the petitioner submitted the certificate of BED on 08.04.2010 and further not to press on the RTET Cer- tificate which was made the requirement of eligibility subsequently in the month of March 2011 or alterna- tively the respondents may specifically be directed not insist upon at the time of initial appointment for RTET and they may be directed to allow the petitioner to clear the said RTET within a period of three years in letter and spirit of the provision of Rule 9 of the Rules of 1996. ii) Any other order which this Hon’ble Court deemed just and proper in the facts and circumstances of the case may also 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
[2025:RJ-JP:11660] (2 of 2) [CW-7229/2012] is sought, occurred on 07.07.2009. 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 the early listing of the matter. 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 /42