MEHTAB Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ONE cannot ask for appointment on compassionate ground as a matter of right. Nobody has got a vested right to claim appointment on compassionate ground.

(2.) THIS petition is filed by Smt. Mehtab widow of deceased Ashraf Ali who died way back in 1978 while in government service. On 7. 11. 92, the petitioner made an application to the Additional Director (Administration), Medical and Health Services, Rajasthan, Jaipur for giving appointment to Arshad Ali S/o Shabir Ali. Smt. Hameeda, the real sister of deceased Ashraf Ali, husband of the present petitioner, is the wife of said Shabir Ali. Marriage of the petitioner's only minor daughter Khusnuma has been arranged with Arshad Ali. Thus, Arshad Ali is close relative of the deceased under the proviso to the definition of `family', therefore, Arshad Ali be given appointment on compassionate ground on the death of her husband. By a letter dated 14. 8. 95, the State Government denied appointment to Arshad Ali stating that he was adopted as son only after the death of Ashraf Ali. On receiving the said reply she has once again made the representation on 7. 11. 95 stating that Arshad Ali is totally dependent on her and being son-in-law, he has to be given appointment on compassionate ground. Ultimately, she has filed this petition before this Court on 19. 11. 97 when she has not heard anything from the State Government.

(3.) ON merits also, the petitioner has no case. The petition filed at the instance of the petitioner is not maintainable. The grievance, if any has to be made by Arshad Ali who has been denied appointment as a dependent of Ashraf Ali. Merely because the petitioner has suggested to give appointment to him would be son in law is not a ground to come and file the petition.