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2025 DAILYLAW 9767 (RAJ)

MOHD SHAHID SAIYAD v. STATE ELEMENTARY EDUCATIONORS

CW/13737/2011 · 2025-03-07

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:10911] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 13737/2011 Mohd Shahid Saiyad ----Petitioner Versus State Elementary Education & ors. ----Respondents For Petitioner(s) : Mr. Akhil Simlote For Respondent(s) : Mr. Saumil Sharma for Mr. G. K. Sharma, AGC HON'BLE MR. JUSTICE SAMEER JAIN Judgment 07/03/2025 1. The instant petition is filed with the following prayers:- “It is, therefore, most respectfully prayed that your lordships may very graciously be pleased to accept and allow the writ petition. It is also prayed that the entire relevant record pertaining to the present case may kindly be called for from the respondents and be ex- amined if this Hon'ble Court so pleases and your Lord- ships may be further pleased to issue an appropriate writ, order or direction in the nature thereof the re- spondents be directed to provide compassionate ap- pointment to the petitioner on the post of Class-IV in place of his Late Father Sh. Maqbool Ali Saiyad imme- diately. Any other order which this Hon'ble Court may deems fit and proper in the facts and circumstances of the case 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 17.02.2008. 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 [2025:RJ-JP:10911] (2 of 2) [CW-13737/2011] 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 17 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 /92