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2025 DAILYLAW 9388 (RAJ)

SARFAZ AHMED PATHAN v. STATE OF RAJ AND ORS

CW/1408/2008 · 2025-03-03

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:9017] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1408/2008 Sarfaraz Ahmed Pathan Son Of Shri Abdul Salam, Adopted Son Of Late Shri Abdul Kadar Pathan, 1-D-1, Jawahar Nagar Housing Board Colony, Jhalawar Road, Baran. ----Petitioner Versus 1. State Of Rajasthan Through Secretary, College Education, Government Of Rajasthan, Secretariat, Jaipur. 2. Commissioner, College Education, Rajasthan, Jaipur. 3. Joint Director, College Education, Rajasthan, Jaipur. 4. Principal, Government College, Baran. ----Respondents For Petitioner(s) : Mr. Iliyas Khan For Respondent(s) : Mr. Vigyan Shah, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 03/03/2025 1. The instant petition is filed with the following prayers:- “i) the letter/order dated 16.05.2006 be quashed and set aside and direct the respondents to consider the candidature of the petitioner for compassionate ap- pointment on the post according to the educational qualifications of the petitioner, with all consequential benefits. ii) Any other order which this Hon’ble Court deemed fit and proper in the facts and circumstances of the case may also be passed in favour of the humble 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 06.11.2005. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2008. [2025:RJ-JP:9017] (2 of 2) [CW-1408/2008] 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 petition, no active steps were taken by the petitioner for the early listing of the matter. 4. As on date, over 20 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 /35