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2025 DAILYLAW 9529 (RAJ)

DEEP SINGH RATHORE v. STATE HOME DEPARTMENT ORS

CW/12653/2011 · 2025-03-03

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:9943] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12653/2011 Deep Singh Rathore ----Petitioner Versus State Home Department & Ors ----Respondents For Petitioner(s) : None For Respondent(s) : Mr. Bhuvnesh Sharma, AAG HON'BLE MR. JUSTICE SAMEER JAIN Judgment 03/03/2025 1. The instant petition is filed with the following prayers:- “ vr% ;kfpdkdrkZ dh vksj ls lfou; ;kfpdk izLrqr dj fouez fuosnu gS fd ;kfpdkdrkZ dh vksj ls izLrqr ;kfpdk Lohdkj Qjek;h tkdj jsLiksUMsUVl dks funsZf'kr@ vknsf'kr Qjek;k tkos fd os e`rd jkT; deZpkjh Lo0 Jh Hkaoj flag ftudh lsok ds nkSjku e`R;q gks x;h Fkh ds LFkku ij ;kfpdkdrkZ dks vuqdEik fu;qfDr iznku djsa vU; dksbZ vuqrks"k tks ;kfpdkdrkZ ds gd esa mfpr gks jsLiksUMsUVl ds fo:) ikfjr Qjek;k tkus dh d`ik dj iw.kZ vkns’k iznku djsaA” 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 13.01.1990. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2011. 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. [2025:RJ-JP:9943] (2 of 2) [CW-12653/2011] 4. As on date, over 34 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 /73