CHAUHAN, J. - (1.) THE instant writ petition has been filed for issuing a direction to the respondents to modify the appointment letter given to the petitioner on compassionate ground and to offer him the post suitable to his educational qualification of Chartered Accountancy.
(2.) THE facts and circumstances giving rise to this case are that petitioner's father, who was working as Senior Senitary Inspector with respondent No. 4, died in harness on 19. 2. 1999. Petitioner made an application for appointment on compassionate ground under the provisions of the Rajasthan Compassionate Appointment of Dependent of Deceased Government Servant Rules, 1996 (hereinafter called "the Rules" ). He was offered the post of Lower Division Clerk vide letter dated 24. 11. 99 (Annexure 10) in the pay scale of Rs. 3050-4590/-and asked to join within a period of one month. Petitioner did not join the said post and filed the writ petition submitting that he ought to have been offered the post suitable to his educational qualification of Chartered Accountancy. The concept of compassionate employment was considered by the Hon'ble Supreme Court in Sushma Gosain vs. Union of India & Ors. (1), and the Apex Court held that the purpose of such an employment is to redeem the grieved family from the financial hardship which has resulted due to the death of the sole bread-earner. In Smt. Phoolwati vs. Union of India & Ors. (2), the Hon'ble Supreme Court held that such an employment must be offered without any delay and suitable post, commensurating with educational qualification of the petitioner is to be offered. In Umesh Kumar Nagpal vs. State of Haryana and others (3), the Hon'ble Apex Court has considered the nature of the right which a dependant can claim while seeking employment on compassionate ground. The Court has observed as under:- " It appears that there has been a good deal of obfuscation on the issue. As a rule, appointment in the public services should be made strictly on the basis of open invitation of applications and merit. No other mode of appointment nor any other consideration is permissible. Neither the Governments nor the public authorities are at liberty to follow any other procedure or relax the qualifications laid down by the rules for the post. However, to this general rule which is to be followed strictly in every case there are some exceptions carved out in the interests of justice and to meet certain contingencies. One such exception is in favour of the dependants of an employee dying in harness and leaving his family in penury and without any means of livelihood. In such cases, out of pure humanitarian consideration taking into consideration the fact that unless some source of livelihood is provided, the family would not be able to make both ends meet, a provision is made in the rules to provide gainful employment to one of the dependants of the deceased who may be eligible for such employment. . . . . Unmindful of this legal position, some Governments and public authorities have been offering compassionate employment sometimes as a matter of course irrespective of the financial condition of the family of the deceased. . . . . . . . The decision does not justify compassionate employment either as a matter of course. . . . The object being to enable the family to get over the financial crisis. " The same view has been reiterated in Jagdish Prasad vs. State of Bihar (4), State of Bihar vs. Samsuz Zoha (5), Himachal Pradesh Road Transport Corporation vs. Dinesh Kumar (6) and Hindustan Aeronautics Ltd. vs. A Radhiki Thirumalai, It has categorically been held that compassionate employment cannot be claimed as a matter of course not being a vested right.
(3.) THE concept of vested right has been explained by the Apex Court in Bibi Saveeda vs. State of Bihar (8), wherein it has been described as under:- " THE word "vested" is defined in Black's Law Dictionary (6th Edition) at page 1563, as "vested", Fixed; accrued; settled; absolute; complete. Having the character or given in the rights of absolute ownership; not contingent; not subject to be defeated by a condition precedent. Rights are "vested" when right to enjoyment, present or prospective, has become property of some particular person or persons as present interest; mere expectancy of future benefits, or contingent interest in property founded on anticipated continuance of existing laws, does not constitute vested rights. In Webster's Comprehensive Dictionary, {international Edition} at page 1397, "vested" is defined as {l}aw held by a tenure subject to no contingency; complete; established by law as a permanent right; vested interests. " There cannot be also any quarrel with the legal proposition that a mere right to take advantage of the statutory provisions is not an accrued right. (Vide Abhot vs. Minister of Land (9), Sakharam vs. Manik Chand (10), Hungerford Investment Trust Ltd. vs. Haridas Mundhra (11), Lalji Raja & Sons vs. Firm Hansraj Nathuram (12), Zoharbi vs. Arjuna (13) and S. S. Bhola vs. B. D. Sardana In Haryana State Electricity Board and another vs. Hakim Singh (15), the Hon'ble Apex Court placed reliance upon the judgments referred to above and observed that the object of providing for compassionate employment is only to relieve the family from financial hardship, therefore, an `emelorating relief should not be taken as opening an alternative mode of recruitment to public employment. ' ;