GANGA BAI Vs. MAHARANA PRATAP UNIVERSITY

JUDGEMENT

(1.) BY this appeal the counsel for the appellant has challenged the order passed by the learned Single Judge in writ petition. The writ petition was dismissed on the ground that deceased employee was a temporary employee serving under the University under a scheme of 1990 which had no provision for offering any compassionate appointment to the legal representatives of the deceased employee

(2.) LEARNED counsel for the appellant urges before us that since the deceased employee was a temporary employee and there was some provision that he could be regularised, therefore, he should be permitted to withdraw the writ petition as he wants to file fresh writ petition for seeking regularisation. The prayer is too remote to be considered at this stage, when the learned Single Judge has also considered the entitlement of petitioner for compassionate appointment. Compassionate appointment is not a common law right. It is a creation of statute. Under the statute there is no provision for offering appointment to the dependents of such an employee who was casual employee. That being the position, the appellant being the wife of an employee, who was a casual employee, under the statute there is no provision for offering compassionate appointment to such claimants and the scheme under which the deceased employee was appointed, there was no provision to offer appointment on compassionate ground. That being the position, no relief can be granted to the appellant. There is no force in the appeal and it is consequently dismissed.