VIKRAM KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants, 14 in number, filed a joint writ petition (CWP No.7090/2010) stating the grievance that though they were accorded appointment on compassionate grounds by the respondent Jodhpur Vidyut Vitaran Nigam Ltd. ('the Nigam') but on the post of Helper, which is lower than the post of LDC/Consumer Complaint Clerk they were entitled to; and were discriminated against female candidates.

(2.) The learned Single Judge of this Court has found no case worth consideration with reference to the principles that appointment on compassionate grounds cannot be claimed as a matter of right; and further, with reference to the fact that the petitioners accepted the appointment on the post of Helper with open eyes and now, they were seeking appointment on higher post after a long lapse of time. The learned Judge, therefore, dismissed the writ petition with a short order dated 19.07.2013 which reads as under:-

(3.) Seeking to question the order aforesaid, the writ-petitioners have filed this intra-court appeal. It has strenuously been argued by the learned counsel for the appellants that at the time of affording compassionate appointment, the respondents withheld the factual position that the appellants were eligible for appointment on the post of LDC/Consumer Complaint Clerk by conveying to them that such a post was meant only for female candidates. It is submitted that on one hand, the respondents would take the stand that post of LDC/Consumer Complaint Clerk is only for female candidates who are not considered appropriate for the post of Technical Helper but on the other hand, they had been affording appointment to the female candidates on the post of Technical Helper too. The copies of orders dated 02.07.2012 and 06.03.2013 are sought to be referred in this regard with an additional affidavit Having given thoughtful consideration to the submissions made and having examined the record, we are at one with the learned Single Judge that the writ petition being totally bereft of substance was required to be dismissed.