Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:10086] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15813/2010 Smt Seeta ----Petitioner Versus R S R T C And Anr ----Respondents For Petitioner(s) : Mr. Vijay Dutt Sharma For Respondent(s) : Mr. Yash Joshi HON'BLE MR. JUSTICE SAMEER JAIN
Judgment 05/03/2025
1. The instant petition is filed with the following prayers:-
“i) by issue an appropriate writ, order or direction the
order dated 30.07.2009 and 31.07.2009 may kindly be quashed and set aside. ii) by issue an appropriate writ, order or direction the petitioner may be considered for the post of Class- IV/LDC after giving relaxation as per the Rules of
1997. iii) Alternatively the petitioners may be given benefit of one time settlement as per the decision taken by the corporation. iv) Any other order or relief(s), which this Hon'ble Court deems fit and proper 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 23.01.2002. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2012. 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
[2025:RJ-JP:10086] (2 of 2) [CW-15813/2010] petition, no active steps were taken by the petitioner for the early listing of the matter.
4. As on date, over 23 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 /87