Compassionate employment cannot be claimed as a matter of right and depends on various circumstances such as eligibility and financial conditions of the family.

J.B. PARDIWALA, J.

1. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs:

“29 A. This petition be admitted and allowed.

B. By issuing appropriate writ, order and direction, the order dated 6-10-2007 passed by District Education Officer, Sabarkantha District, Himmatnagar rejecting the representation made by the petitioner, be quashed and set aside, further, the respondent-authorities be directed to complete the procedure and formalities for giving appointment to the petitioner on compassionate appointment in the school of respondents no. 4 and 5 as early as possible, preferably within period of 3 months; and further, the respondents no. 4 and 5 be directed and restrained from giving appointment to any person till the present petitioner is appointed on any suitable post.

C. Pending hearing and final disposal of this petition, the operation, implementation and execution of the rejected order dated 6-10-2007 passed by DEO, Himmatnagar be stayed.

D. Pending hearing and final disposal of this petition, the respondents be restrained from appointing any other person till the present petitioner is appointed on suitable post.

E. Pending hearing and final disposal of this petition, the respondents be directed to complete the formalities and procedure for giving appointment to the petitioner on suitable post under compassionate appointment within a period of 3 months.

F. Any other relief that may be deemed just and proper may also be kindly granted.”

2. It appear from the materials on record that the father of the writ applicant was serving as a ‘Assistant Teacher’ under the respondent No. 4 - school. The father passed away on 19th September 2004 while in service. At the time of demise of the father, the father had put in almost twenty nine years of service.

3. The writ applicant being the son preferred an application seeking compassionate appointment. At the time of filing of the application, he was aged twenty four years. The application came to be rejected on the ground that there was no vacant post. Being dissatisfied, he preferred the Special Civil Application No. 16604 of 2007 before this Court. The said writ application came to be disposed of vide order dated 2nd July 2007 in the following terms:

“1. Heard learned Advocate, Ms. Maria Dalal for Mr. Yatin Soni, appearing on behalf of petitioner and learned AGP, Mr. Amit Patel, appearing on behalf of respondent No. 1.

2. The grievance of the present petitioner is that application for compassionate appointment made by the petitioner. Though the petitioner is qualified but respondents are not considering the case of petitioner for compassionate appointment against the vacant post. On the contrary, the respondents are making efforts to fill up the vacant post by appointment of surplus teacher or by giving promotion to the peon in the post of clerk. Therefore, present petition is filed.

3. In view of the aforesaid facts, the respondents are directing to consider the case of petitioner first for compassionate appointment according to service rules and policy prevailing at the relevant time when the concerned employee died and pass appropriate reasoned order in accordance with law, within a period of three months from the date of receiving the copy of this order and thereafter consider to fill up vacant post and communicate the decision to the petitioner.

4. In view of the above observations and directions, present petition is disposed of without expressing any opinion on merits. However, in case if ultimate decision is adverse to the petitioner, it is open for the petitioner to challenge the same before appropriate forum in accordance with law. Direct service is permitted.”

4. Pursuant to the order passed by this Court referred to above, fresh decision was taken declining compassionate appointment. Being dissatisfied, the writ applicant has come up with this writ application.

5. On behalf of the respondent No. 4, an a