Compassionate appointment is not a matter of right, but an exception to the general rule of recruitment to provide immediate financial assistance to a destitute family.

1. - By this petition under Article 226 of the Constitution the petitioner is praying for quashing and setting aside of the order dated 11.10.90 petitioner including the letter No. F.2(24) (Medical & Health) 3/87 dated 11.7.90 of the Section Officer, Medical & Health Department, Group III to the Director of Medical & Health Department, Rajasthan, Jaipur, the reference of which is given in Annexure-12.

2. The second prayer made is for direction to the respondents to consider the application of the petitioner dated 15.1.86 (Annexure-2) for the appointment on the post of Subordinate Services for example Commercial Taxes Inspector/Rajas than Excise Inspector/Enforcement Inspector/Accountant with retrospective effect.

3. Annexure-12 is there on the record of this petition at page No.41. Under the Annexure-12 it is informed to the petitioner that the dependant of the deceased dying while in service once has been given appointment he cannot be given appointment on another post on the basis of his qualifications.

4. The petitioner in fact and substance made an attempt to create the confusion otherwise Annexure-12 is the order of the State Government which has been communicated to him by the Director, Medical & Health Services, Rajasthan, Jaipur.

5. The facts of the case as what the same emerge from the petition are that the father of the petitioner late Shri Jagdish Prasad Arya was in the service of the Medical & Health Services Department as Maleria Inspector. He expired on 10.11.1985. The petitioner possesses the qualification of three years degree that is B.Com. which he did in the year 1982 from the University of Rajasthan.

6. The petitioner submitted an application on 15.1.86 in the prescribed form through proper channel to the Director, Medical & Health Services, Rajasthan, Jaipur and prayed therein to give him the appointment on compassionate ground under the Rajasthan Recruitment of Dependents to the Government Servants Dying While in Service Rules, 1975 (hereinafter, referred as 'the Rules', 1975). The Deputy Chief Medical & Health Officer forwarded his application vide his letter No.1207 dated 9.4.1986 to the Director, Medical & Health Services Department, Rajasthan, Jaipur.

7. The petitioner was given the appointment immediately after receipt of this application on the post of Lower Division Clerk. The appointment order of the petitioner is Annexure-3 at page No. 23 of the petition which is dated 27.1.86.

8. It is the grievance of the petitioner that under the Rules, 1975 he was entitled to the post of same status which was being held by his father that is the post of subordinate services as the petitioner fulfilled the requisite qualification being graduate even on the date of the death of his father.

9. It is submitted that he joined the post of L.D.C. on 29.1.86 and on the very day sent his application to the Director, Medical & Health Services Department, Rajasthan, Jaipur to give him the appointment on proper post according to the status and qualifications. The petitioner met respondent No.4 personally in the matter and he was given assurance regarding his proper appointment. The petitioner in para No. 11 of the petition stated that he was told by respondent No.4 that the vacant post of subordinate service is not there in the Medical & Health Department according to the qualifications of the petitioner, therefore, the matter will be referred to the Department of Personnel.

10. The petitioner as per his case himself sent a letter directly to the Deputy Secretary to the Government, Department of Personnel (A-II) on 14.3.87. The petitioner sent reminder to respondent No.4 on 20.4.88 through proper channel. This was followed by another reminder dated 12.1.89. Yet another reminder has been sent by the petitioner to respondent No.2 on 14.2.90.

11. The petitioner averred that the Director, Medical & Health Services, Rajasthan, Jaipur called the comments from the Chief Medical & Health Officer in the matter vide letter dated 8.