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[2025:RJ-JP:11141] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 17187/2011 Chandrapal S/o Late Shri Palaram, Village Gadji Ka Bas, Tan Hetamsar, Tehsil And District Jhunjhunu Rajasthan ----Petitioner Versus
1. The State Of Rajasthan Through The Secretary, Education Department, Rajasthan, Jaipur.
2. Director, Secondary Education, Rajasthan, Bikaner,
3. District Education Officer Secondary, Jhunjhunu Raj. ----Respondents For Petitioner(s) : Mr. Nagendra Sharma for Mr. Sanjay Mehla For Respondent(s) : Ms. Namita Parihar, Dy.G.C.
HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 07/03/2025
1. The instant petition is filed with the following prayers:-
“i) Issue an appropriate writ order or direction in the nature thereof and thereby quash and set aside the impugned order/letter dated 15.09.2011 (Annex. 10) and further the respondents may kindly be directed to give appointment to the petitioner looking to his quali- fication on the post of Physical Teacher Gr. III for which the petitioner has applied on compassionate ground; ii) Any other appropriate, order or direction which this Hon’ble Court deems just and proper in the facts and circumstances of the case may also 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 04.05.2011. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2011.
[2025:RJ-JP:11141] (2 of 2) [CW-17187/2011] 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.
4. As on date, over 14 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 /132