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2025 DAILYLAW 29523 (RAJ)

DURGALAL v. STATE P W D AND ORS

CW/9516/2013 · 2025-03-03

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:9261] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9516/2013 Durgalal S/o Shri Harnath, House No. 107, Laxmi Nagar, Niwaru Road, Jhotwara, Jaipur. ----Petitioner Versus 1. State Of Rajasthan Through Secretary To The Government, Public Works Department, Govt. Of Rajasthan, Jaipur. 2. The Chief Engineer, Public Works Department, Govt. Of Rajasthan, Jaipur. 3. The Additional Chief Engineer, Public Works Department, Circle-1, Jaipur. ----Respondents For Petitioner(s) : Mr. Ripu Daman Singh Naruka For Respondent(s) : HON'BLE MR. JUSTICE SAMEER JAIN Judgment 03/03/2025 1. Learned counsel for the petitioner has submitted that the petitioner is an adopted son of the deceased. It is further submitted that the petitioner was aged approximately 36 Years of age in the Year 2013. It is further submitted that father of the petitioner has died in the Year 2006. 2. Further, it is submitted that the application of the petitioner is rejected by the respondents for the reason that adoption deed filed by the petitioner is not valid and is not in accordance with the law. 3. Heard and considered. 4. Considering the arguments advanced by the learned counsel for the petitioner, upon a perusal of the records, this Court has made the following observations:- [2025:RJ-JP:9261] (2 of 2) [CW-9516/2013] 4.1 That the present petition is filed in the Year 2013 and father of the petitioner has died in the Year 2006. 4.2. That the petitioner has placed no evidence on record qua the validity of the adoption deed. 4.3. That judgment relied upon by the petitioner S.B. Civil Writ Petition No.2040/2018 titled as Motilal Jingar vs. State of Rajasthan and Ors., is on distinct factual matrix as that of present petition. 4.4. That compassionate appointment is not a vested right. 4.5 As on date, over 6 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. 4.6 In view of the above, the instant petition is dismissed. Pending applications, if any, shall stand disposed of. (SAMEER JAIN),J JKP/87