IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR JUDGMENT (State of Raj. & Ors. V/s. Vishwajeet Kulshreshth.) D.B. SPECIAL APPEAL (WRIT) NO. 796/1997 Date of order : 26.09.2007 PRESENT HON'BLE MR. JUSTICE RAJESH BALIA HON'BLE MR. JUSTICE SANGEET LODHA Mr. L.R. Upadhyay, for the appellant. None for the respondent. ------ BY THE COURT:- (PER HON'BLE RAJESH BALIA J.) The respondent petitioner has sought appointment on compassionate ground as Lecturer in the Government College, as his father died while in service, who was Principal of Government College, Ratangarh. He died in 1991. The petitioner's request for compassionate appointment on the post of Lecturer was rejected on the ground that the appointment on compassionate ground cannot be given to State Services but the same can be offered to lowest post. Against rejection of said application, writ petition was filed laying claim to the appointment on the post of Lecturer in the State service relying on the amended Rules of 1975 which enable the State Government to give appointment to any service according to qualification except the five major State service. The learned Single Judge opined that the administrative directions issued by the Government cannot override the statutory rules. Therefore, Government instructions contained in circular dated 01.04.1989 cannot be relied on for the purpose of denying the petitioner's consideration for the post of Lecturer when he had applied for the same. Aggrieved with the aforesaid judgment dated 04.04.1996 this appeal was filed on 23.07.1996. After the notices were issued the respondent has not responded and has not put in appearance. Learned Government Advocate informs that the petitioner has not been offered service so far. There was no interim relief in this appeal. It appears that the respondent has lost interest in the pursuit of this matter as neither he has appeared in this court nor has pursued his remedy for compliance of the order issued by the learned Single Judge so far. In these circumstances, it cannot be possible to extend any relief to the respondent at this stage almost 16 years after the death of his father by considering him and giving appointment now on compassionate ground. In view thereof, the appeal is disposed off with the direction that if petitioner has not been offered appointment so far it will not be necessary for the appellant to offer appointment to the petitioner in pursuance of the order issued by the learned Single Judge. We are not examining the facts and circumstances of the case, as during the pendency of this appeal the Rules of 1975 have been replaced by the Rules of 1996 which do not permit giving compassionate appointment in any service other than in the Class-III & IV services. (SANGEET LODHA)J. (RAJESH BALIA)J. makwana/-