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2025 DAILYLAW 42828 (RAJ)

DAVENDRA KUMAR SHARMA v. STATE OF RAJ AND ORS

CW/4288/2008 · 2025-03-03

Sameer Jain

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:9803] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 4288/2008 Davendra Kumar Sharma Son Of Late Shri Shiv Prakash Sharma, Bombori Mohalla, Ward No. 3, Anta, District Baran Rajasthan ----Petitioner Versus 1. The State Of Rajasthan Through Its Secretary, Department Of Panchayat Raj, Secretariat, Jaipur 2. The Secretary, Zila Parishad, Baran. ----Respondents For Petitioner(s) : Mr. Pradeep Singh For Respondent(s) : Ms. Sara Parveen for Mr. Kapil Prakash Mathur, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 03/03/2025 1. The instant petition is filed with the following prayers:- “It is therefore, humbly prayed that this Hon’ble Court may kindly be pleased to direct the respondents not to appoint any person as Class III employee without con- sidering the case of the petitioner provisionally for ap- pointment on compassionate ground till the decision of the writ petition.” 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 04.07.1993. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2008. 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:9803] (2 of 2) [CW-4288/2008] 4. As on date, over 31 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 /37