Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 8768 (RAJ)

ROHIT KUMAR JAIN v. STATE OF RAJ AND ORS

CW/14253/2010 · 2025-03-05

Sameer Jain

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:9810] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14253/2010 Rohit Kumar Jain Son Of Late Shri Gajendra Kumar Jain, By Caste Jain, Near New Hospital, Bhopal Road, Akhlera, Distt. Jhalawar Rajasthan ----Petitioner Versus 1. The State Of Rajasthan, Through The Secretary, Department Of Education, Secretariat, Jaipur Rajasthan 2. The Director, Secondary Education, Education Department, Bikaner 3. The District Education Officer, Secondary Education, Jhalawar Rajasthan ----Respondents For Petitioner(s) : Mr. Sunil Kumar Singodiya For Respondent(s) : Ms. Namita Parihar, Dy. G.C. HON'BLE MR. JUSTICE SAMEER JAIN Order 05/03/2025 1. The instant petition is filed with the following prayers:- “(i) The respondents may kindly be directed to give appointment on the suitable post on the compassion- ate ground by treating him dependent of late govern- ment servant viz. Smt. Bhanwari Jain, who was work- ing on the post of Senior Teacher in the respondent department with all consequential benefits; (iii) Any other or order which this Hon’ble Court deems fit in the facts and circumstances of the case may also be passed in favour of the petitioner, (iv) Cost of the writ petition may also be awarded 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 [2025:RJ-JP:9810] (2 of 2) [CW-14253/2010] sought, occurred on 02.11.2009. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2010. The petition has come up on board for hearing for the first time today i.e. in the Year 2024. 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 JKP/83