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2025 DAILYLAW 7038 (RAJ)

SMT YASHODA DEVI v. STATE OF RAJ AND ORS

CW/674/2003 · 2025-02-13

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:7154] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 674/2003 1. Smt. Yashoda Devi, W/o Late Shri Chittar Lal Yogi, aged about 50 years, R/o House No. 125-A, Keshav Pura, Near To Shiv Temple, Kota. 2. Mahendra Yogi S/o Late Shri Chittar Lal Yogi, aged about 17 yrs 5 mths, R/o House No. 125-A, Keshav Pura, Near To Shiv Temple, Kota. ----Petitioners Versus 1. State Of Rajasthan Through The Secretary, Department Of Education, Secretariat, Jaipur. 2. Director, Middle Education, Education Department, Bikaner. 3. Deputy Director, Middle Education, Kota Region, Kota. 4. District Education Officer, Middle Education, Office Of District Education Officer, Kota. ----Respondents For Petitioner(s) : Mr. Prithvi Pal for Mr. Tanveer Ahamad For Respondent(s) : Mr. B.S. Chhaba, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/02/2025 1. The instant petition is filed with the following prayers:- “i) Issue an appropriate writ order or di- rection to quash and set aside dated 16/11/2002 (Annexure-7) with all conse- quential benefits. ii) Issue an appropriate writ order and di- rection directing the respondent to consider the candidature of the petitioner no 2 for ap- pointment on the compassionate ground on any suitable post in accordance with the rules with all consequential benefits. [2025:RJ-JP:7154] (2 of 3) [CW-674/2003] iii) Hon’ble Court may kindly be pleased to call the entire record of the case and after examine the same. iv) If any prejudicial order is passed during the pendency of the writ petition, the same may kindly be taken on record and be pleased to quash and set aside. v) Any other appropriate writ, order or di- rection which may be considered just and proper in the facts and circumstances of the case may kindly be passed in favour of the petitioner. vi) Cost of the writ petition may be allowed to 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 23.10.1995. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2003. 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 30 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 [2025:RJ-JP:7154] (3 of 3) [CW-674/2003] 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/68