Sobran Singh Vs State of Raj and Ors. — Rajasthan HC (2025) — LawSathi Research

Sobran Singh Vs State of Raj and Ors. — Rajasthan HC (2025) — LawSathi Research

[2025:RJ-JP:7974]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Civil Writ Petition No. 3193/2005

Sobran Singh, S/o Lt. Shri Hardam Singh Jat, Village Kurbara, Tehsil Kumher, District Bharatpur.

----Petitioner

Versus

State Of Rajasthan Through The Secretary, Medical And Health, Government Secretariat, Jaipur

Additional Director Administration, Medical And Health Services, Medical Directorate, Jaipur

Chief Medical And Health Officer, General Hospital, Bharatpur

Rajesh Singh S/o Smt. Swarup Late, L.d.c. Through Superintendent, Mahila Chiktsalaya, Sanganeri Gate, Jaipur

----Respondents

For Petitioner(s) : Mr. Abhi Goyal for Mr. J P Goyal For Respondent(s) : Mr. Vigyan Shah, AAG

HON'BLE MR. JUSTICE SAMEER JAIN Judgment

13/02/2025

The instant petition is filed with the following prayers:-

“(i) To declare the order dated 10.03.2005 (Annexure-16) to the writ petition arbitrary, discriminatory and violative of principles of natural justice.

(ii) To quash and set aside the order of appointment in favour of respondent No.4 dated 10.03.2005 (Annexure-16).

(iii) To direct the respondent No.1 and 2 to give appointment to the petitioner under the compassionate Rules, 1996 on the suitable/ qualified admissible post available in the department.

(iv) to restrain the respondents to discharge any duties in pursuance of appointment letter dt. 10.03.2005 by respondent No.4 in the office of Superintendent, Mahila Chikitsalaya.

(v) Any other appropriate relief, order or direction in the nature whereof may also be passed in favour of the petitioner with cost of writ petition.”

[2025:RJ-JP:7974]

[CW-3193/2005]

(2 of 2)

Heard and considered.

Upon a perusal of the record, it is noted that the death of the family member, against whom compassionate appointment is sought, occurred on 01.12.1999. Thereafter, the instant petition was filed seeking compassionate appointment in the Year 2005. On directions of the Court, the matter has come up on board for hearing 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.

As on date, over 26 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 .

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

(SAMEER JAIN),J

Anil Sharma/136