[2025:RJ-JP:14668] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14219/2022 Jai Singh Bairwa S/o Late Shri Goverdhan Bairwa, Aged About 27 Years, Resident Of Village Barh Biloli, Post Malarna Station, Tehsil Malarana Doongar, District Sawaimadhopur, Rajasthan. ----Petitioner Versus 1. The Chairman Cum Managing Director, Food Corporation Of India, Headquarter, Khadya Sadan, 16-20 Barakhamba Lane, New Delhi - 110001. 2. General Manager (Establishment Policy Section), Food Corporation Of India, Khadya Sadan, 16-20 Barakhamba Lane, New Delhi - 110001. 3. The Executive Director (North), Food Corporation Of India, 2A-2B, Tulsi Marg, Sector - 24 Noida, Uttar Pradesh - 201301. 4. The Regional Manager, Corporation Of India, Regional Office At 4 Nehru Place. Tonk Road, Jaipur, Rajasthan. 5. The Divisional Manager, Food Corporation Of India, Division Office Kota, Rajasthan. ----Respondents For Petitioner(s) : Mr. Avinash Choudhary For Respondent(s) : Mr. Rahul Agarwal HON'BLE MR. JUSTICE SAMEER JAIN Judgment 01/04/2025 1. Learned counsel for the petitioner has submitted that petitioners’ father has died on 23.04.2021. 2. Learned counsel for the petitioner has relied upon the circular dated 15.04.2020 (Annexure-4) wherein, it is stated that priority shall be given qua grant of compassionate appointment to the family member of the deceased employee who has died due [2025:RJ-JP:14668] (2 of 3) [CW-14219/2022] to/during COVID-19. While placing reliance upon the same, it is submitted that the petitioner has filed an application for grant of compassionate appointment, however, respondents have not considered the same. 3. Learned counsel for the petitioner has relied upon the judgment passed by Bombay High Court in Writ Petition No.2019/2022 titled as Mayuri Krishna Jabare vs. General Manager, Best and Ors. vide order dated 11.11.2022, which is also upheld by the Hon’ble Apex Court. Further, reliance is placed upon the ratio encapsulated in Malaya Nanda Sethy vs. State of Orissa and others in Civil Appeal No.4103/2022. 4. Learned counsel for the respondents in the reply has contested that the respondents have withdrawn the circular referred above in light of fresh circular dated 09.02.2022 whereby, they have formulated a policy for grant of ex-gratia benefit/payment of substantive nature instead of giving employment. 5. It is further contested that a sum of Rs. 30 lacs approximately was granted on 01.11.2021. Learned counsel has also submitted that compassionate appointment cannot be claimed as a vested right. Further, it is contested that the said appointment is granted to cover up the hardship/harness caused on account of sudden death of the sole earner of the family. 6. Having heard the rival contentions made by the learned counsel for the parties and upon a perusal of the material available on record, this Court is of the following view:- 6.1 That compassionate appointment cannot be claimed as a matter of vested right. [2025:RJ-JP:14668] (3 of 3) [CW-14219/2022] 6.2 That death has occurred in the year 2021. 6.3 That the petitioner under the amended policy and circular is awarded a sum of Rs. 30 lacs approximately to overcome the harness/hardship. Nevertheless, the petitioner herein himself accepted the said amount out of his own will. 6.4 That in light of the circular dated 09.02.2022 and the policy formulated by the respondents, the petitioner cannot take somersault to seek another benefit, from the same cause of action. 6.5 That the judgments cited by the learned counsel for the petitioner are distinguishable. 7. In light of dictum passed by Hon’ble Apex Court as encapsulated in Fertilizers and Chemicals Travancore Ltd. and Ors. vs. Anusree K.B. reported in AIR 2022 SC 4766, the aim and object of granting compassionate appointment is to aid the dependents to overcome the hardship and harness that is caused due to sudden death of the sole earner of the family. It is undisputed that the said objective is to be carried out in letter and spirit. 8. Accordingly, the present petition is dismissed. Pending applications, if any, shall stand disposed. (SAMEER JAIN),J DEEPAK/312