GAJANAND LAVAVANSHI v. CHAIRMAN BOARDA RAJ KHSETRIYA AND ANR
CW/19479/2013 · 2025-02-19
Sameer Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31322 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31322 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:8426] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 19479/2013 Gajanand Lavavanshi son of Late Shri Hari Babu Lavavansi aged about 32 years, resident of Kherkhedi Mata (Mediwala Pura), Post Kolukhedi Maliyan, Tehsil Manoharthana, District Jhalawar (Raj.). ----Petitioner Versus
1. Chairman, Baroda Rajasthan Khsetriya Gramin Bank City Plaza, 1st Floor, Vaishali Nagar, Ajmer (Raj.)
2. Branch Manager, Baroda Rajasthan Khestriya Gramin Bank, Branch Jawar, District Jhalawar (Raj.) ----Respondents For Petitioner(s) : None For Respondent(s) : Mr. Rupin Kala HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 19/02/2025
1. The instant petition is filed with the following prayers:-
“i) quash and set aside the impugned rejection order/ letter dated 20.02.2013 regarding compassionate ap- pointment to the petitioner. ii) the non petitioners may be directed to grant ap- pointment to the petitioner on the compassionate ground with all consequential benefits. iii) the non petitioners may further be directed to pay the due arrear to the petitioner which was due for the deceased Hari Babu along with interest. iv) Any other order or relief, which this Hon’ble Court deems fit and proper, may also be passed in favour of the petitioner with costs throughout.”
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 30.11.2012. Thereafter, the instant petition
[2025:RJ-JP:8426] (2 of 2) [CW-19479/2013] was filed seeking compassionate appointment in the Year 2013. 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 13 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 /103