HE$H CGIJR? GF CHHATTISGARH: $3LA§PUR Wr§t Fetiiioa’i T No. 3$84 of 29(34- 4) Siam! 0f Madhya Pradesh, tmsugh Seisre‘iaax, Generai Adm§n§s§ra€i0n Depaa’menf, ‘Ja%!abh Bhawaa, BhopaL MP. a} Umian of mdia! mmugh Secmiary, State ~ Re- cfgamzaiion Pafiiamem Hou3e, NaWDeéhL {Writ Petition uadEr Ariicie 226/227 of the Constitution of mafia) SB: Hon’bie Shri Jusiice SatEs‘n Kl Agnihotra PreEem: m ‘Shfi Sushii Dubey, Govt. Advoca'ée, for fespoodems No. 1 to 3iState. Shri SK. Safiwai, courasei' for respondent No5. None for resoondeni No.4? Smi. Meera Jaiswai, courase! for tho Qe‘tiiioner GRJ‘RL QRwER, (Faxed 9:2 2'“ May, $30?) Leamed counsei apiaearing fm the petiiionerfsubmks iiaai z‘he faéhey of the goet§tiorxe¥, whi§e woming as Assistant Teacher in Ihe €3eiiim¥1ef Kanii Kumaf 5am; aged abom 23 years, $/e. Late Shri Khea‘ram Sam, Rios Vi§iage P53 Sarwaai Via Bama’aidm, Dist \ianjgir —- Champa, SG. Versus Resporidems 1) $taie of Chhatt§sgarh, ta‘ough Searetary, Genera} Administmtian Deparimeni, Manfraiaya, DKS. Bhawan: 5:3 £4 Em. Ra§pm‘, CG. 2) Esmct Educatbn Officen Janjgir-CMmpa (CG). 3} Biock Educaiion Offiaei', Bammdih, D§3i Janjgir— Champ-a, CG. Naveen Primary Government Schaoi, Pasrapaii, Bamnidih d§ed an 27- 3-19394 in hamess. 2. The father of the petitioner died on 27—3-1994 and the petitioner has f§ied this petition on 1—10-2004 a:%er a period of mow than ten yeays. 3. it is weii settieol that compassionate ground is not a method of recmitment but is a facmiy to nrovide for immeéia€e rehabiié’mfiw of ihe famiw in distreSs far feiieving the dependent famiiy membefs sf ihe deceased empioy'ee from destitutioa. ccmpassionate appointmeni is i0 ei‘iabie pe’nwious famiiy to ticie aver i’ne sudden financial crisis and is not to provide empioymeni. it i3 aiso weii settied that mere death of the em‘pieyee does net enii‘iie his famiiy to Claim compassionate appointment if the family members couid sustain i themseives ’rinaiiciaiiy from othEf sources oilincome, in oiher words, ‘ihe abject c’? 4. The Supreme Court in Siate of J.&K and ottiers Vs. Saiaci Ahmed Mir, {2%6) 5 SCC 765, after having consideieo‘ aii ihe asoecis of compassionate appointment, iii para ii observed as undef: “1‘1 it is that such an appoini‘mem‘ is an exception to the genefai ruie. Normaiiy, an empioyment in the Government or other iambic sectors shouid be open to aii eiigiioie candidates who can come forward i0 appiy and compete with each other. it is in consonance with Article i4 or tine Constitution. On the basis of competitive merits, on appointment shouid be macie to pubiic office, This genera} ruie snouid not be depazted from except where compeiiing circumstances demand, such as, death of the soie breadwinner and iikeiihooci oi the iamiiy suffering because of the setback. Once it is §roved that in spite oi the ideath of the bieadwinaer, the famih; survived and substantia% pe¥iod is over, there is no necessity to say “goodbye” to i’ne normai ruie of appointment and to Show favour to one at ihe cost of the inte;’ests of several others ignoring the mandate of Articie 14 of the Constitution.” 5. it is thus ciear from the decision cited above that the petitioner cannot ciaim compassionate appointment as a tight of inheritance. 6. Appiying weii settied principle of iaw to the facts of the present case, the father of the petitioner died on 27-3-1§94, thereafter, the petitioner did not make an appiication for about six years and. this petition was fiied after more than ten years from the date of death of the father of the petitioner‘ Thus, tamiiy members of the deceased empioyee couid sustain themselves from other source of income for I such a iong period, as such, granting of compassionate appointment, at this stage, wouid not be in consonance with the Articie t4 of the Constitution. 7. For the reasons mentioned hereinabove, the writ petition is dismissed. No order as to costs.