1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.6000/2006 (Prem Nath Rawal Vs. State & Ors.) Date of order : 7.8.2008 HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Parikshit Nayak, for the petitioner. Mr. B.L. Bhati, Dy. Govt. Counsel. Heard learned counsel for the parties. The petitioner has preferred this writ petition for seeking directions to the respondents for providing suitable appointment on compassionate ground. The case of the petitioner is that his father was in government employment and was working on the post of Teacher Grade-III and he died on 30.12.1999 while in service. After death of petitioner's father, an application was moved by the petitioner's mother for providing suitable appointment on compassionate ground. The application of the petitioner's mother was considered and she was provided appointment vide Annexure-2 but she did not join duties due to family circumstances and thereafter an application was filed by mother to provide appointment to her son instead of 2 her but no appointment has been provided to the petitioner because appointment on compassionate ground was already made in favour of mother of the petitioner Smt. Dhuli Devi. The petitioner is claiming that due to family circumstances, it is not possible for her mother to join duties, therefore, directions may be issued to the respondents for providing appointment to the petitioner being son of late Kachar Nath Rawal, who was government employee. I have perused entire pleadings of the case. In this case, in my opinion, when application filed by wife of Late Kachar Nath was considered and appointment was provided to his wife then, no further actions was required to be taken by the respondents because appointment on compassionate ground cannot be claimed as a matter of right. It is a mercy given by the employer and rules have been framed for providing relief to the family of deceased employee, who died while in service. Therefore, in my opinion, no interference is required in this writ petition because appointment has already been provided to mother of the petitioner being widow of late Kachar Nath, who was government employee. Accordingly, this writ petition is dismissed for the relief prayed by the petitioner son of government employee late Shri Kachar Nath. However, 3 once the appointment has been given to wife of late Kachar Nath and that order is still in existence but due to some unavoidable circumstances, the mother of petitioner did not join the duties, therefore, in the interest of justice and while exercising the extra ordinary jurisdiction under Article 226 of the Constitution of India, I deem it just and proper to direct the respondents that still if the mother of petitioners is willing to join duties in pursuance of the appointment order dated 8.11.2001 issued in her favour, then, she may be permitted to join duties within a period of three months from the date of receipt of certified copy of this order for this purpose she may be informed within one month from submitting certified copy of this order. It is made it clear that if mother of petitioner will not join duties within the aforesaid stipulated period then she will not be entitled to join duties. Office is directed to send a copy of this order to the District Education Officer, Banswara for compliance forthwith. (GOPAL KRISHAN VYAS), J. arun