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2025 DAILYLAW 31497 (RAJ)

BANWARI LAL MEENA v. STATE EDUCATION DEPARTMENTORS

CW/20832/2013 · 2025-02-19

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:8452] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 20832/2013 Banwari Lal Meena ----Petitioner Versus State Education Department & ors ----Respondent For Petitioner(s) : Dr. Jyotish Kalathy For Respondent(s) : Mr. B. S. Chhaba, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 19/02/2025 1. The instant petition is filed with the following prayers:- “i) That the Hon’ble Court may kindly call for the record of the case and after examining the same be pleased to accept and allow the writ petition and by appropriate writ, order or direction, may kindly direct the respondents to consider the case of the petitioner for the compassionate appointment on the post ‘Lower division Clerk’. ii) Any other appropriate suitable order or direction, which this Hon’ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favour of the petitioner. iii) That the cost of the writ petition may kindly be quantified in favour of the petitioner.” 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 25.10.2012. Thereafter, the instant petition 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 [2025:RJ-JP:8452] (2 of 2) [CW-20832/2013] 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 /110