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2025 DAILYLAW 41770 (RAJ)

SMT SHEELA ARORA v. THE MANAGING DIRECTOR R S R T

CW/218/2004 · 2025-02-13

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:7305] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 218/2004 Smt Sheela Arora wife of late Shri Om Prakash Arora, aged about 43 years, resident of 5/56, Keshri Chand Choudhary Nagar, Ajmer Road, Jaipur. ----Petitioner Versus 1. The Managing Director, Rajasthan State Road Transport Corporation, Parivahan Marg, Jaipur. 2. The Chief Manager, Rajasthan State Road Transport Corporation, C.B.S. Depot, Jaipur. ----Respondent For Petitioner(s) : Mr. Suresh Kashyap For Respondent(s) : Mr. Yash Joshi HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/02/2025 1. The instant petition is filed with the following prayers:- “It is, therefore, prayed that your Lordships may graciously be pleased to accept and al- low this writ petition and respondents be di- rected to give appointment to the petitioner on compassionate ground as regular em- ployee and regular pay scale be allowed to her from the date of her appointment. Any other order or directions which this Hon’ble Court may think just and proper looking to the facts and circum- stances of the case may also kindly be passed 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 25.03.2001. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2004. On directions of the Court, the matter has come up on board for hearing today i.e. in [2025:RJ-JP:7305] (2 of 2) [CW-218/2004] 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 24 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 ANIL SHARMA /95