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2025 DAILYLAW 9597 (RAJ)

GHANSHYAM v. J V V N LTD AND ANR

CW/12627/2012 · 2025-02-18

Sameer Jain

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:8037] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12627/2012 Ghanshyam son of shri Moti Ram, aged about 39 years, R/o Chatoli, Tehsil Weir, District Bharatpur, Raj. ----Petitioner Versus 1. Jaipur Vidyut Vitran Nigam Limited through its Chairman and Managing Director, Vidyut Bhawan, Jyoti Nagar, Jaipur. 2. Personnel Office (O&M), Jaipur vidyut Vitran Nigam Limited, Bharatpur ----Respondent For Petitioner(s) : Mr. Karanpal Singh For Respondent(s) : Mr. Shailesh Prakash Sharma Ms. Nehal Bansal for Ms. Anuradha HON'BLE MR. JUSTICE SAMEER JAIN Judgment 18/02/2025 1. The instant petition is filed with the following prayers:- “i) Issue an appropriate writ, order or direction and af- ter calling for and examining the record of the respon- dents pertaining to the aforesaid case the impugned action and inaction of resopndents whereby they are not extending apointment to the petitioner may kindly be declared to be illegal void abinitio and arbitrary. ii) issue any appropriate writ order or direction, thereby respondents be directed to give compassion- ate appointment to the petitioner on a suitable post. iii) Any other order or relief which this Hon’ble Court deems just and proper in favour of the petitioner may kindly be passed. iv) Cost of the writ petition may kindly 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 [2025:RJ-JP:8037] (2 of 2) [CW-12627/2012] is sought, occurred on 15.08.2004. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2012. The petition has come up on board for hearing after long period of time 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 21 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 /176