( 1 ) APPOINTMENT on compassionate ground in a public employment, though now judicially recognised in India by various dictums of the Supreme court and many High Courts, does require investigation as to whether there is a right in the dependent of the deceased employee to get public employment or as to whether there is any legal obligation on the employer to offer such appointment. While considering such a question which arise for consideration in this group of petitions, this Court is reminded of following famous anecdote :"a hustling society woman called on President Lincoln and told him,. my son must be given a commission. It is right of our family. Sir, since my grandfather fought at lexington, rny uncle was one of the few who stood his ground at Bladen-sburg, my father was in the battle of New Orleans and my husband died in the battle of Montcrey. my dear lady said Abraham Lincoln your family has done enough for the nation. It is time to give somebody else a chance. "

( 2 ) THIS small anecdote shows one of the approaches to the problem posed for my consideration. In a nation where freedom-fighters zealously and vigorously fight legal battle for pension and where Honourable Members of Parliament periodically push through demands for pension, most ideal and praise-worthy solution to the problem as shown by President Abraham Lincon may not be palatable and acceptable. I also cannot deviate and set a different note when binding precedents of the Courts compel me to follow the same.

( 3 ) THESE three petitions are filed under Art. 226 of the Constitution of India challenging the action of the respondents in denying to the petitioners consideration for appointment on compassionate grounds on the ground that the Government Resolution, dated 4/07/1988 does not apply to dependents of all those employees who have expired prior to 4/07/1988.

( 4 ) THE petitioner in Special Civil Application No. 5365 of 1992 is the son of deceased Parbatsinh Jhala who was serving as Assistant Teacher in the Prakash Vidyalay - the respondent No. 4 herein, and admittedly parbatsinh Jhala was in active service till 26/11/1987. He expired on 27/11/1987 while he was in service of the school. He has completed 24 years of service in the respondent No. 4 school. Since said parbatsinh Jhala expired while in employment of respondent No. 4 school, his son, the petitioner herein lias applied for appointment on compassionate grounds in the respondent No. 4 school to any Cl. Ill or Cl. IV post. It appears that on the said application no action is taken by the respondents so far. But from the affidavit-in-reply which is field in this Court it is clear that the said application is rejected, inter alia, on the ground that the Government Resolution, dated 4/07/1988 would not apply ES the father of the petitioner has expired on 27/11/1987, i. e. , on the date on which the Government Resolution, dated 4/07/1988 was not in operation.

( 5 ) IN Spl. C. A. No. 55)5 of 1992 the petitioner is one Nandaben devsinhbhai Chavda and her husband deceased Devsinhbhai Chavda was serving as peon in Vijaynagar Secondary School - respondent No. 4. He died on 18/09/1986 while he was in active service of respondent no. 4 as peon. The widow of deceased Devsinhbhai Chavda has passed ixth standard examination and is otherwise eligible and qualified to be appointed as peon, which is Class IV post. It may be stated that she belongs to Scheduled Caste and there is one post vacant in the respondent no. 4 school. She has applied for the post of peon under the aforesaid govt. Resolution, dated 4/07/1988 and the school management is ready and willing to appoint her to the post of peon but the respondents have rejected her application vide order, dated 27/11/1991 on the ground that Commissioner, Higher Education, Gujarat State, Sachivalaya has taken decision that Govt. Resolution, dated 4/07/1988 is not applicable to the dependents of employees who have expired prior to 4/07/1988, and since