Dismissed

Lal Chand v. State of Raj and Ors.

Rajasthan HC14 May 2024CW/10732/2009

Case brief

AI extract

What is this about?

Writ petition sought compassionate appointment as Sweeper following a family member's death in 2006; filed in 2009 but never pressed. The court held that granting compassionate appointment after over 18 years would defeat the scheme's object of tiding the family over the sudden crisis and relied on the Supreme Court's dictum in Anusree K.B., dismissing the petition.

What the court decided

AI extract

Lal Chand Vs State of Raj and Ors. — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JP:22715]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 10732/2009

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Lal Chand S/o Shri Ram Charan Sarsar, Plot No. 66-A, Saraswati Colony, Harijan Mohalla, Purani Basti, Jaipur Raj.

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----Petitioner

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Versus

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State Of Rajasthan Through Its Secretary, Department Of Local Self Government Lsg, Government Secretariat, Rajasthan, Jaipur.

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Chief Executive Officer, Municipal Corporation, Tonk Road, Jaipur.

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Commissioner, Civil Line Zone, Jaipur Nagar Nigam, Jaipur.

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Director, Local Bodies, Government Of Rajasthan, Jaipur. ----Respondents

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Connected With

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S.B. Civil Writ Petition No. 10733/2009

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Vijay S/o Late Shri Kaluram, Plot No. 274, Heeda Ki Mohri, Harijan Basti, Gandhi Circle, Shyampuri, Jaipur Raj.

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----Petitioner

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Versus

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State Of Rajasthan Through Its Secretary, Department Of Local Self Government Lsg, Government Secretariat, Rajasthan, Jaipur

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Chief Executive Officer, Municipal Corporation, Tonk Road, Jaipur

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Commissioner, Hawa Mahal Zone Office East, Nagar Nigam, Jaipur.

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Director, Local Bodies, Government Of Rajasthan, Jaipur. ----Respondents

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For Petitioner(s) : None For Respondent(s) : None

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HON'BLE MR. JUSTICE SAMEER JAIN

(2 of 3)

[2024:RJ-JP:22715]

[CW-10732/2009]

Order

14/05/2024

The instant petition is filed with the following prayers:-

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“(i). That the respondents may be directed to give appointment to the petitioner on the post of Sweeper on compassionate ground.

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(ii).Cost of the petition be awarded in favour of the petitioner.

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(ii). Any other order or direction, which this Hon’ble Court deems fit and proper in the facts of the case, may be passed in favour of the petitioner.”

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Heard and considered./None present on behalf of the petitioner.

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Upon a perusal of the record, it is noted that the death of the family member, against whom compassionate appointment is sought, occurred on 02.07.2006. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2009. The petition has come up on board for hearing for the first time today i.e. in the Year 2024. Ever since the filing of the instant petition, no active steps were taken by the petitioner for the early listing of the matter.

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As on date, over 18 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

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(3 of 3) [CW-10732/2009]

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[2024:RJ-JP:22715]

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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 .

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As a result, in light of the foregoing observations, the instant petition is dismissed. Pending applications, if any, stand disposed of.

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(SAMEER JAIN),J

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NEERU/22-23

Lal Chand v. State of Raj and Ors.

Case brief

What is this about?

What the court decided

Lal Chand v. State of Raj and Ors.

Case brief

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What the court decided

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