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[2025:RJ-JP:7267] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 8223/2007
1. Smt. Santosh Devi W/o Shri Tara Chand Sharma
2. Amit Kumar Sharma S/o Lt. Sh. Tara Chand Sharma, Both Residents Of A-53, Rajni Vihar, Opposite 36 Shops, Ajmer Road, Jaipur ----Petitioners Versus
1. State Of Rajasthan Through The Secretary Govt. Of Rajasthan, Public, Health And Engineering Department, Secretariat, Jaipur
2. Chief Engineer, Public And Health Department Rural, 2, Civil Lines, Jaipur Raj. 3. Vandana Sharma, W/o Late Shri Manish Sharma, Resident of Ward No. 19, Ramgarh Shekawati, Tehsil Fatehpur, Distt. Jaipur. ----Respondents For Petitioner(s) : None present For Respondent(s) : Ms. Mahi Yadav HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/02/2025
1. The instant petition is filed with the following prayers:-
“It is, therefore, humbly prayed that the entire record regarding the issue may kindly be sum- moned and examined and by proper writ order or directions the respondents be directed to con- sider the case of the petitioner for compassion- ate appointment on the post of L.D.C. Any other order or direction which this Hon’ble Court deems fit may also be passed in the facts and circumstances of the case.”
2. None present on behalf of the petitioner. 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 14.06.2007. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2007. On directions of the Court, the matter has come up on board for hearing today i.e. in
[2025:RJ-JP:7267] (2 of 2) [CW-8223/2007] 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 Anil Sharma/210