1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO. 6058/2006 (Anupama Gussar Vs. State of Rajasthan and Ors.) Date of Order : 04/04/2007 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. Kuldeep Mathur for the petitioner. Mr. B.L.Tiwari, Deputy Government Advocate for respondents. BY THE COURT:- By the instant writ petition under Articles 226 and 227 of the Constitution of India, the petitioner seeks a direction to the respondents to appoint her on a suitable post on compassionate ground. I have heard learned counsel for the parties. The facts and circumstances giving rise to the instant writ petition are that Late Shri Suraj Kumar Gussar was appointed as Teacher Gr.III in the respondent department and as such was a Government Servant. He died on 22.9.2004 while in service. The petitioner being the widow of the Government servant Late Shri Suraj Kumar Gussar, filed an application in the prescribed pro-forma for providing her appointment on 2 compassionate ground on a suitable post. The respondent No.3 District Education Officer, (Elementary Education) Udaipur vide his letter dated 21.7.2005 Annex.2 informed the petitioner that she does not possess the requisite qualification for appointment on the post of Teacher in the department and sought the consent of the petitioner to be appointed on the post of Lower Division Clerk on compassionate ground for which the petitioner was required to give an affidavit on stamp paper of Rs. 10/-. The petitioner gave her consent and furnished the affidavit on requisite stamp paper. Thereafter, the respondent No.3 vide its letter dated 13.12.2005 Annex.3 addressed to the Joint Director, (Elementary) Education, Bikaner, forwarded all the requisite documents for appointment of the petitioner on the post of Lower Division Clerk. Even for a considerable long period after forwarding of the documents, the respondents failed to provide appointment to the petitioner on compassionate ground, therefore, a legal notice Annex.4 dated 23.8.2006 was served on the respondents. On receipt of the legal notice, the respondent No.3 vide Annex.R-1 dated 21.9.2006 requested the respondent No.2 for appointment of the petitioner as claimed under the notice Annex.4. It appears that almost two and half years have since elapsed from the date of death of the husband of the petitioner and the petitioner is in harness, yet the respondents have not cared to provide the compassionate appointment 3 promptly. On the contrary, from the various documents annexed with the writ petition and the reply, it appears that the petitioner has been made to run from pillar to post. At no point of time, the respondents came with a case that the petitioner is not eligible and entitled for such an appointment. In the circumstances, therefore, in my view, when the respondents themselves accepted that the petitioner is entitled to be appointed on compassionate ground on the post of L.D.C., there could be no impediment in granting such an appointment to her. In the normal circumstances, such an appointment on compassionate ground, more particularly in the facts of the instant case, ought to have been granted promptly after the death of the Govt. servant, yet the poor widow was made to suffer for more than two and half years and to approach this Court for appointment on compassionate ground. In this view of the matter, in my view, the petition deserves to be allowed. In the result, the writ petition is allowed. The respondents are directed to appoint the petitioner on the post of L.D.C. as agreed by the respondents within two months from today. No order as to costs. (H.R.PANWAR),J. rp