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2025 DAILYLAW 4408 (RAJ)

BHANWAR LAL RAO v. STATE OF RAJ AND ANR

CW/9955/2005 · 2025-02-13

Sameer Jain

Public Interest Litigationbody2025

Judgment text

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[2025:RJ-JP:8010] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9955/2005 Bhanwar Lal Rao ----Petitioner Versus State Of Raj And Anr ----Respondent For Petitioner(s) : None present For Respondent(s) : Ms. Sara Parveen for Mr. Kapil Prakash Mathur, AAG Mr. Govind Choudhary HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/02/2025 1. The instant petition is filed with the following prayers:- “i) respondents be directed to give ap- pointment to the petitioner on a suitable post in place of his father on Compassionate ground; ii) respondents be directed to prepare a pension case of deceased Shambhu Lal and make the payment of all pensionary benefits arises out from the service of deceased- Shambhu Lal like; Gratuity, Leave encash- ment, General Provident Fund and State In- surance fund alongwith 18% p.a. interest; iii) any other order which your lordships may deem fit and proper in favour of peti- tioner may also be passed; and iv) Costs of writ petition be also awarded to the petitioner;” 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 26.03.2003. Thereafter, the instant petition [2025:RJ-JP:8010] (2 of 2) [CW-9955/2005] was filed seeking compassionate appointment in the Year 2005. On directions of the Court, the matter has come up on board for hearing 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 22 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/152