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2025 DAILYLAW 9979 (RAJ)

RANI DEVI v. STATE REVENU DEPAREMENTORS

CW/14622/2011 · 2025-03-07

Sameer Jain

body2025

Judgment text

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[2025:RJ-JP:11238] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14622/2011 Rani Devi ----Petitioner Versus State Revenue Department & ors ----Respondents For Petitioner(s) : Mr. S. L. Sharma For Respondent(s) : Ms. Manju Joshi, AGC HON'BLE MR. JUSTICE SAMEER JAIN Judgment 07/03/2025 1. The instant petition is filed with the following prayers:- “i) the order dated 07.10.2006 (Annex. 2) may be quashed and set aside, and ii) the order dated 01.06.2007 and 20.01.2009 may also be quashed and set aside; iii) the husband of the petitioner may kindly be treated in service till his date of death and accordingly the son of the petitioner be kindly given compassionate ap- pointment; and iv) The pension, gratuity etc. be also kindly revised treating the husband of the petitioner in service till the date of his death; and v) Any other relief deemed just and proper in the facts and circumstances of the case be kindly also granted to 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 05.08.2005. 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:11238] (2 of 2) [CW-14622/2011] 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 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 /103