AVINASH BHARGAVA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant writ petition has been filed for issuing a direction to the respondents to modify the appointment letter given to the petitioner on compassionate ground and to offer him the post suitable to his educational qualification of Chartered Accountancy.

(2.) THE facts and circumstances giving rise to this case are that petitioner's father, who was working as Senior Senitary Inspector with respondent No. 4, died in harness on 19. 2. 1999. Petitioner made an application for appointment on compassionate ground under the provisions of the Rajasthan Compassionate Appointment of Dependent of Deceased Government Servant Rules, 1996 (hereinafter called "the Rules" ). He was offered the post of Lower Division Clerk vide letter dated 24. 11. 99 (Annexure 10) in the pay scale of Rs. 3050-4590/-and asked to join within a period of one month. Petitioner did not join the said post and filed the writ petition submitting that he ought to have been offered the post suitable to his educational qualification of Chartered Accountancy.

(3.) THE concept of vested right has been explained by the Apex Court in Bibi Saveeda vs. State of Bihar (8), wherein it has been described as under:- " THE word "vested" is defined in Black's Law Dictionary (6th Edition) at page 1563, as "vested", Fixed; accrued; settled; absolute; complete. Having the character or given in the rights of absolute ownership; not contingent; not subject to be defeated by a condition precedent. Rights are "vested" when right to enjoyment, present or prospective, has become property of some particular person or persons as present interest; mere expectancy of future benefits, or contingent interest in property founded on anticipated continuance of existing laws, does not constitute vested rights. In Webster's Comprehensive Dictionary, {international Edition} at page 1397, "vested" is defined as {l}aw held by a tenure subject to no contingency; complete; established by law as a permanent right; vested interests. "