Dismissed

Chet Ram Suman v. State of Rajasthanandors

Rajasthan HC13 May 2024CW/15516/2009

Case brief

AI extract

What is this about?

A plea for compassionate appointment filed over 14 years after the death of the earning family member was dismissed. The Court held that such a delay defeats the purpose of compassionate appointment, which is to address a sudden crisis, not to replace the deceased's post.

What did the court decide?

None. The petition for compassionate appointment was dismissed due to excessive delay (14 years).

Chet Ram Suman Vs State of Rajasthanandors — Pension and Retirement Benefits | Rajasthan HC (2024)

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[2024:RJ-JP:22616]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 15516/2009

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Chet Ram Suman, Son Of Late Smt. Gyarsi Bai, Ward No. 10, Gole Chabutra, Keshoraipatan, District Bundi Raj.

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----Petitioner

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Versus

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State Of Rajasthan, Through Director, Social Justice And Welfare Department, Jaipur.

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The Additional Director, Social Justice And Welfare Department, Jaipur.

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District Probation And Social Welfare Officer, Bundi Raj.

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----Respondents

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For Petitioner(s)	: Mr.	Devendra Kumar
For Respondent(s)	: Mr.	Arpit Jain for
	Mr.	Nalin G. Narain

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HON'BLE MR. JUSTICE SAMEER JAIN

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Order

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13/05/2024

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The instant petition is filed with the following prayers:-

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“i) quash and set aside the impugned letter/order dated 19/08/2009 (Annex.4)

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ii) the non petitioners may be directed to grant appointment to the petitioner on the compassionate ground with all consequential benefits.

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iii) the non petitioners may further be directed to pay the due arrear to the petitioner which was due for the deceased Smt. Gyarsi Bai after granting benefit of Selection Scale as per Vith pay commission report along with interest.

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iv) any other order or relief, which this Hon’ble Court deems fit and proper, may also be passed in favour of the petitioner with costs throughout.”

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Heard and considered.

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Upon a perusal of the record, it is noted that the death of the

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family member, against whom compassionate appointment is

(2 of 2)

[2024:RJ-JP:22616]

[CW-15516/2009]

sought, occurred on 12/01/2009. 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 14 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 .

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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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ANIL SHARMA /12

Chet Ram Suman v. State of Rajasthanandors

Case brief

What is this about?

What did the court decide?

Chet Ram Suman v. State of Rajasthanandors

Case brief

What is this about?

What did the court decide?

What the court decided

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