1 S.B. CIVIL WRIT PETITION NO.3109/2003. (SUNIL KUMAR SANKHALA VS. C.G.M. & ORS.) DATE OF ORDER : 15.02.2007. HON'BLE MR. GOVIND MATHUR, J. Mr.P.S. Bhati for the petitioner/s. Mr.Vijay Bishnoi for the respondent/s. By this petition for writ, the petitioner is claiming appointment on compassionate grounds being ward of deceased government servant. In brief, facts of the case are that father of the petitioner late Shri Prem Singh died while in service on 03.10.2000 leaving behind his widow, two sons and one daughter. The petitioner submitted an application claiming appointment on compassionate grounds, but the same came to be rejected under a communication dated 26.06.02 by treating family conditions of the petitioner not penurious. The Sub Divisional Engineer (HRD), Ajmer by the order referred above, communicated that mother of the petitioner received a sum of Rs.4.17 lacs as a death-cum-retiral benefits and family pension in the tune of Rs.4,400/- per month. As such, the family conditions cannot be treated as penurious. The Sub-divisional Engineer also observed that the family of the petitioner was having their ow house having four rooms. 2 While giving challenge to the order aforesaid, it is contended by the petitioners that the family is not having good source of income and being solely dependent to late Shri Prem Singh who died on 03.10.2000, is in acute need of helping hand, therefore, the denial of appointment on compassionate grounds is highly arbitrary and unjust. In reply to the writ petition, it is contended by the respondents that the financial status of the family of the petitioner was rightly held as not penurious being the family having adequate immovable property, family pension in a tune of Rs.4,400/- and being already received a sumof more than Rs. 4 Lacs as death-cum-retiral benefits. It is further stated in reply to the writ petition that elder brother of the petitioner is also in employment and sister of the petitioner has already got married. Heard counsel for the parties. It is well settled that appointment on compassionate grounds cannot be claimed as a matter of right. It is only an exception to meet the harrness suffered by the family of government servant on his untimely death. While giving appointment on compassionate grounds, employer is required to see the financial condition of the family concerned and if it is 3 found penurious, then appointment on compassionate grounds is required to be given. The degree to determine financial conditions of a family vary from family to family and place to place. In the present case, elder brother of the petitioner is already in employment, sister is married and mother is getting family pension of more than Rs.4,000/-. Beside all the reasons above, the age of the petitioner is about 36 years. In such circumstances, the respondents rightly refused to accord exceptional appointment to the petitioner. Accordingly, I do not find any force in this petition for writ, same therefore is dismissed. (GOVIND MATHUR)J. Anil/