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2025 DAILYLAW 41739 (RAJ)

RAMESH KUMAR SAINI v. STATE EDUCATAION DEPARTMENTORS

CW/3643/2012 · 2025-02-18

Sameer Jain

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:8082] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3643/2012 Ramesh Kumar Saini S/o Shri Ramnath Saini, aged 35 years, R/o village and Post Chala Dhani Bagwali, Tehsil Neem ka Thana, District Sikar ----Petitioner Versus State of Raj. & ors ----Respondents For Petitioner(s) : Mr. Hari Kishan Saini For Respondent(s) : Ms. Sara Parveen for Mr. Kapil Prakash Mathur, AAG 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 direction, the re- spondents may kindly be directed to consider the case of the petitioner for appointment on compassionate ground in accordance with the Rules, 1996 as ap- proved in minutes of District Establishment Committee dated 22.02.2011; ii) Pass any other appropriate order, which this Hon’ble Court deems fit, just and proper in the facts and circumstances of the case in favour of the peti- tioner. iii) Cost of the writ petition may kindly be awarded 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 29.08.2007. 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 [2025:RJ-JP:8082] (2 of 2) [CW-3643/2012] 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 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 Pooja /133