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2025 DAILYLAW 9711 (RAJ)

MOHANI DEVI v. R S R T C AND ORS

CW/7913/2010 · 2025-02-13

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:7772] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 7913/2010 Mohani Devi Wd. Late Shri Norang Lal, Mukm Post Jhigar Chotti Vaya Katrathal District Sikar Raj. ----Petitioner Versus 1. Rajasthan State Road Transport Corporation, Through Its Managing Director, Govt. Of Rajasthan, Jaipur, Rajasthan 2. The Director Admn Rajasthan State Road Transport Corporation, Jaipur 3. The Deputy General Manager Admn Rajasthan State Road Transport Corporation, H.o. Jaipur 4. Chief Manager, Rajasthan State Road Transport Corporation, Kota Depot, Kota, Rajasthan ----Respondents For Petitioner(s) : Mr. Kailash Choudhary For Respondent(s) : Mr. Parnav Bhansali HON'BLE MR. JUSTICE SAMEER JAIN Judgment 13/02/2025 1. The instant petition is filed with the following prayers:- “I. issue a writ order or direction thereby direct the respondents to consider the case of petitioner for appointment on compassionate grounds and her son be given appointment on a suitable post from the date when she firstly submitted application before respon- dents on attaining the age of majority by her son and impugned letter dated 19.05.2008 be declared null and void. ii. issue any other order or direction which the Hon’ble Court deems fit and proper be passed and cost be awarded.” 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, [2025:RJ-JP:7772] (2 of 2) [CW-7913/2010] occurred on 04.01.1998. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2010. On directions of the Court, the matter has come up on board for hearing 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 27 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 ANIL SHARMA /386