Dismissed¶25

Lokendra Singh Hada v. State Coop Departmentors

Rajasthan HC11 Mar 2025CW/1455/2013

Case brief

AI extract

What is this about?

compassionate appointment — Rajasthan cooperative society — death of employee father 15.06.2000 — delay of ~25 years — object of compassionate employment is crisis relief, not conferment of post — Fertilizers and Chemicals Travancore Ltd. v. Anusree K.B., AIR 2022 SC 4766 relied on — writ petition dismissed — Sameer Jain, J. — High Court of Rajasthan, Jaipur Bench — S.B. Civil Writ Petition No. 1455/2013.

What did the court decide?

Granting compassionate appointment now, approximately 25 years after the demise of the earning family member, would be against the object and purpose for which appointment on compassionate grounds is provided. ¶24

Lokendra Singh Hada Vs State Coop Departmentors — Rajasthan HC (2025) — LawSathi Research

¶1

[2025:RJ-JP:11172]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Civil Writ Petition No. 1455/2013

¶4

Lokendra Singh Hada S/o Shri Mahendra Singh, Village And Post Badwa,tehsil Anta,district Baranraj.

¶5

----Petitioner

¶6

Versus

¶7

State Of Rajasthan Through Its Secretary, Cooperative Society Secretariat, Jaipur

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Registrar, Cooperative Society, Rajasthan,jaipur

¶9

Joint Registrar,cooperative Society, Kota Division, Kota Raj.

¶10

Pradhan Vyavasthapakanta Kray Vikray Sehkari Samiti Ltd., Anta,district Baran,raj.

¶11

----Respondents

¶12

For Petitioner(s) : Mr. N.K. Singhal, Adv. For Respondent(s) : Ms. Pooja Sharma, Adv.

¶13

HON'BLE MR. JUSTICE SAMEER JAIN

¶14

Judgment

¶15

11/03/2025

¶16

The present petition is filed with a prayer for appointment of the petitioner on compassionate grounds in place of the deceased i.e. the petitioner’s father who had expired whilst being in service with the respondent-department.

¶17

Learned counsel for the petitioner has submitted that the petitioner’s father expired on 15.06.2000 and immediately, petitioner had filed an application seeking grant of appointment on compassionate grounds, however, the same was not considered for a long period of time, in spite of repeated prayers and representations by the petitioner. It is submitted that in the year

(2 of 2)

[2025:RJ-JP:11172]

[CW-1455/2013]

2012, proposal was forwarded and due to unsatisfactory response the present petition is filed in the year 2013.

¶22

Per contra , learned counsel for the respondents has submitted that at this juncture, the said prayer not be complied with nevertheless, the petitioner had claimed a position wherein in place of twelve positions, nineteen persons were already engaged.

¶23

As on date, approximately 25 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 .

¶24

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

¶25

(SAMEER JAIN),J

¶26

CHANDAN /38

Lokendra Singh Hada v. State Coop Departmentors

Case brief

What is this about?

What did the court decide?

Lokendra Singh Hada v. State Coop Departmentors

Case brief

What is this about?

What did the court decide?

What the court decided

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