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2025 DAILYLAW 8279 (RAJ)

HARI RAM VERMA v. STATE OF RAJ AND ORS

CW/1228/2009 · 2025-02-13

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:7188] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1228/2009 Hari Ram Verma ----Petitioner Versus State Of Raj And Ors ----Respondent For Petitioner(s) : Mr. K C Sharma For Respondent(s) : Mr. Karan Singh for Mr. Kamlendra Sihag HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/02/2025 1. The instant petition is filed with the following prayers:- “1. That orders/directions be given to the non applicants to accept the application sub- mitted by the applicant under Rajasthan Compassionate Appointment Rules 1996 for dependents of deceased employees and pro- vide appointment to the applicant in the de- partment as per his/her qualifications. 2. Any decree which this Hon’ble Court may deem fit in favour of the applicant should also be passed and orders should be given to recover the costs of the petition from the non-applicants to the applicant.” 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 06.01.2007. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2009. 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 [2025:RJ-JP:7188] (2 of 2) [CW-1228/2009] 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/281