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2025 DAILYLAW 32178 (RAJ)

ARUN KUMAR v. B O B AND ORS

CW/17604/2015 · 2025-03-24

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:13947] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17604/2015 Arun Kumar Son Of Late Munnalal, aged 29 years, r/o Ward No. 23, Shiv Colony, Jhunjhunu, Tehsil And District Jhunjhunu, Rajasthan. ----Petitioner Versus 1. Bank Of Baroda, Head Office Mandwi Baroda Gujarat Through Its Chairman 2. Deputy General Manager, Bank Of Baroda, Regional Office, Jodhpur Through Its Regional Manager. 3. Chief Manager, Bank Of Baroda, Branch Office Jhunjhunu Rajasthan. ----Respondents For Petitioner(s) : Mr. Gajanand Yadav For Respondent(s) : HON'BLE MR. JUSTICE SAMEER JAIN Judgment 24/03/2025 1. The instant petition is filed with the following prayers:- “a) By an appropriate writ, order or direction the respon- dents may be directed to give compassionate appointment to the petitioner on the suitable post Safai Karamchari/peon on compassionate ground with all conse- quential benefits. b) Any other order or direction, this Hon’ble Court may deem fit and proper be also passed in favour of the peti- tioner.” 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 29.11.2007. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2015. The petition has come up on board for hearing for the first time 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. [2025:RJ-JP:13947] (2 of 2) [CW-17604/2015] 4. As on date, over 18 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 DEEPAK/191