In this writ petition seeking compassionate appointment as LDC, the High Court dismissed the plea. Relying on Supreme Court precedent, the court held that the 17-year delay between death and petition defeatsthe statutory object of compassionate appointment.
Petition dismissed; no appointment granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2024:RJ-JP:22318]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 11504/2009
Rohit Sharma Son Of Late Shri Kailash Chand Sharma, 1061, Jhalaniyo Ka Rasta, Kishan Pole Bazar, Jaipur Raj..
----Petitioner
Versus
----Respondents
For Petitioner(s) For Respondent(s)
HON'BLE MR. JUSTICE SAMEER JAIN Order
10/05/2024
family member, against whom compassionate appointment is sought, occurred on 18.01.2007. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2009.
(2 of 2)
[2024:RJ-JP:22318]
[CW-11504/2009]
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.
Chemicals Travancore Ltd. and Ors. vs. Anusree K.B. reported in AIR 2022 SC 4766 .
(SAMEER JAIN),J
DEEPAK/12
2 issues framed by the court
Whether compassionate appointment sought more than 17 years after the death of the earning family member is maintainable.
Whether granting appointment after such a long lapse violates the object and purpose of compassionate employment provisions.
Colour shows how this judgement treated each authority
Fertilizers and Chemicals Travancore Ltd. and Ors. vs. Anusree K.B.Relied on¶26
Fertilizers and Chemicals Travancore Ltd. and Ors. vs. Anusree K.B. reported in AIR 2022 SC 4766 · Who else cites this
1 provisions across 1 enactments
Rohit Sharma
State Of Rajasthan
Director, Local Self Department
Jaipur Municipal Corporation
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
