Compassionate appointment is an exception to the general rule of appointment in the public services and is provided to enable the family to tide over a sudden crisis. It is not a source of recruitment and no aspirant has a right to compassionate appointment. The appointment can only be made on fulfilling the norms laid down by the State's policy and/or satisfaction of the eligibility criteria as per the policy. The financial condition of the family of the deceased employee should be evaluated to determine if compassionate appointment is necessary.

JUDGMENT

1. Instant writ petition has been filed by the petitioner with the following prayers:-

"It is, therefore, most humbly prayed that Your Lordships may graciously be pleased to admit and allow this writ petition, call for and examine entire record of the case and-

a) By an appropriate writ, order or direction the impugned order dated 5.11.2018 may kindly be quashed and set aside and the respondents may kindly be directed to give compassionate appointment to the petitioner as Class IV employee with all consequential benefits from the date of furnishing application form in the prescribed format.

b) Any other order or direction, this Hon'ble Court may deem fit and proper be also passed in favour of the petitioner."

2. Brief facts of the case are that father of the petitioner died during service, while he was working as helper with the respondents No.2 & 3 (hereinafter to be referred as "Nigam") and all the retiral benefits were paid to the wife of deceased employee by the Nigam. For the first time, the petitioner who is married daughter of deceased employee filed an application on compassionate ground in the year 2018 for appointing on the post of Class-IV. The Nigam vide communication dated 05.11.2018, rejected the claim of the petitioner on the ground that the petitioner who is married daughter is not entitled for the compassionate appointment as per the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996, adopted by the Nigam.

3. Counsel for the petitioner submits that the petitioner being married daughter is also entitled for appointment on compassionate ground in view of the judgment passed by the Hon'ble Full Bench of this Court in the matter of Priyanka Shrimali v. State of Rajasthan (Civil Reference No.01/2022 & Other connected matters) decided on 13.09.2022, which reads as under:-

"As a consequence, it is directed that on account of striking down of the word 'unmarried' from the definition - (i) the same shall not effect any case, wherein compassionate appointment has already been granted under the provisions as they stood before this order; (ii) the same by itself would not provide a cause of action to any applicant and would apply to cases which are either pending before the competent authority and/or to the cases where litigation is pending on the date of this order only; (iii) the provisions and other requirements of the definition regarding the applicant being wholly dependent on the deceased government servant at the time of his/her death would be scrupulously applied; (iv) all the parameters as laid down by Hon'ble Supreme Court for grant of compassionate appointment, shall also be scrupulously followed and that (v) all other provisions of the Rules except the inclusion of the 'married daughter' in the definition of 'dependent', shall have full application. The matters be now placed before the Division Bench for appropriate orders."

4. Counsel further submits that the at the time of death of father of petitioner, she was a minor, therefore, the application for seeking appointment on compassionate ground could not be filed at that point of time.

5. Counsel for the respondents has opposed the writ petition and submitted that father of the petitioner died in the year 1999 and the petitioner applied for appointment on the compassionate ground in the year 2018 after a delay of 19 years. Counsel further submits that the respondents have duly examined the application submitted by the petitioner and rightly rejected her claim, as the petitioner has filed the application after a delay of 19 years and the compassionate appointment cannot be given to any person as a back door entry and the compassionate appointment can only be given to meet out the immediate financial hardship to the family.

6. Counsel further submits that even wife of the deceased employee never filed any application for compassionate appointment.

7. In support of his contention, counsel relied upon the judgment passed by