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2025 DAILYLAW 30793 (RAJ)

MOHD. KAIF S/O LATE ZAKIR HUSSAIN v. DEPARTMENT COMMANDMENT

CW/403/2025 · 2025-02-19

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:7284] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 403/2025 Mohd. Kaif S/o Late Zakir Hussain, Aged About 24 Years, R/o Tuleda Road Bohara Colony, Alwar Rajasthan. ----Petitioner Versus 1. Department Commandment, 8Th Battalion Rac (Ir), Gazipur, Delhi. 2. Police Headquarter, Rajasthan Police Headquarters, Lal Kothi Jaipur. ----Respondents For Petitioner(s) : Mr. Abhishek Bhargava, Adv. for Mr. Manu Bhargava, Adv. For Respondent(s) : HON'BLE MR. JUSTICE SAMEER JAIN Order 19/02/2025 1. The instant petition is filed with the following prayers:- i. By an appropriate writ order or direction this Hon'ble Court may further be pleased to order the de- cision of the respondent department in rejecting the appointment of the petitioner vide dated 02.01.2024 and 16.01.2024 as quashed and set aside. ii. By an appropriate writ order or direction this Hon'ble Court may further be pleased to order this re- spondent department to grant appointment to the pe- titioner on compassionate ground on a suitable post.” 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 is sought, occurred on 03.12.2009. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2025. The petition has come up on board for hearing for the first time [2025:RJ-JP:7284] (2 of 2) [CW-403/2025] 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 15 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 Ashwani Kr Srivastava /-143