ANWAR HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This special appeal is directed against the order dated 18.7.06 passed by the learned Single Judge of this Court, whereby the writ petition preferred by the appellant-writ petitioner seeking directions against the respondents for his employment on compassionate ground, stands dismissed.

(2.) The appellant's father Shri Mohd. Farukh employed as Carpenter in Public Health & Engineering Department, Government of Rajasthan, expired on 28.11.84 while in service. The appellant submitted an application seeking appointment on compassionate ground, which was rejected by the competent authority vide order dated 28.10.99. In these circumstances, the appellant preferred the writ petition before this Court seeking direction against the respondents to reconsider his case for suitable appointment on compassionate ground.

(3.) The learned Single Judge has dismissed the writ petition holding that the appointment on compassionate ground cannot be claimed as a matter of right, as it is an exception to the principles of equality to provide assistance to the family of a government servant died at pre-mature stage. The learned Single Judge observed that the appellant has already suffered adversities due to death of his father in last 25 years therefore, at the belated stage, the deviation from principle of equality by giving appointment to the petitioner on compassionate ground is not desirable.