Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:8153] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14969/2012 Jeetendra And Anr ----Petitioners Versus State Medical And Health & Ors ----Respondents For Petitioner(s) : Mr. Munesh Bhardwaj For Respondent(s) : Mr. Archit Bohra, AGC HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 18/02/2025
1. The instant petition is filed with the following prayers:-
“i) by an appropriate writ order or directions, the im- pugned denial order dated 09.11.2011 and 14.03.2012 of not considering the candidature of the petitioners for appointment on the post of Class-IV on compas- sionate ground under dependence Rule, may kindly be declared illegal and arbitrary. ii) by an appropriate writ order or direction, the re- spondents be direct for considering the candidature of the petitioner No. 1 for appointment on the post of Class IV, on compassionate ground from the date of junior candidate with all consequential benefits. iii) Or by an appropriate writ order or direction, the re- spondents be direct for considering the candidature of the petitioner No. 2 for appointment on the post of Class IV on compassionate ground, from the date of junior candidate with all consequential benefits. iv) Any other appropriate suitable order or direction, which this Hon’ble Court deems just and proper in the
facts and circumstances of the case, may also be passed in favour of the petitioner. v) Cost of the writ petition may kindly be awarded in favour of the petitioner.”
2. Heard and considered.
[2025:RJ-JP:8153] (2 of 2) [CW-14969/2012]
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 18.07.2011. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2012. The petition has come up on board for hearing after long period of time 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 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 /182