1 S.B. CIVIL WRIT PETITION NO.9234/2008. (KANHAIYALAL MALI VS. STATE OF RAJ. & ORS.) DATE OF ORDER : 19.11.2008. HON'BLE MR. GOVIND MATHUR, J. None present for the petitioner. By claiming an adopted son of a deceased government servant, the petitioner applied for appointment on compassionate grounds. On denial for the same, he preferred a petition for writ (SBCWP No.4915/2002) and that came to be disposed of on 05.02.2003 with a request to the respondents to consider and decide the representation submitted by the petitioner. In pursuant to the order dated 05.02.2003, the Director, Secondary Education, Government of Rajasthan, Bikaner by an order dated 17.07.2004 considered and rejected the petitioner's claim. The Director reached at the conclusion that the adoption of the petitioner to the age of 35 years was in contravention of provisions of Section 10 of the Hindu Adoption and Maintenance Act, 1956. The order aforesaid dated 07.07.22004 is under challenge in this petition for writ. No explanation is given by the petitioner to challenge the order impugned after a lapse of four years. The writ petition on its face, therefore, is highly belated. Beside above, the petitioner is of the age of 47 years, in such a ripe age, the claim made for 2 appointment on compassionate grounds itself is against spirit of the enactment made for providing employment on compassionate grounds. It is well settled that the appointment on compassionate grounds is a deviation from the general principles of the equality and such deviation is permissible only to extend a helping hand to the wards of a deceased government servant facing harness due to untimely death of sole bread earner. A person in the age of 47 years by no stretch of imagination can be treated as a person suffering from such harness. It is also pertinent to note that late Shri Nanuram being ward of whom the petitioner is claiming appointment died on 23.12.1999 after a lapse of eight years, the intensity of harness, if any, faced by the petitioner is not of such nature that may warrant appointment to him on compassionate grounds. In totality of the facts of the case, I do not find any merit in this petition for writ, hence dismissed. (GOVIND MATHUR)J. Anil/