SHETHNA, J. - (1.) ONE cannot ask for appointment on compassionate ground as a matter of right. Nobody has got a vested right to claim appointment on compassionate ground.
(2.) THIS petition is filed by Smt. Mehtab widow of deceased Ashraf Ali who died way back in 1978 while in government service. On 7. 11. 92, the petitioner made an application to the Additional Director (Administration), Medical and Health Services, Rajasthan, Jaipur for giving appointment to Arshad Ali S/o Shabir Ali. Smt. Hameeda, the real sister of deceased Ashraf Ali, husband of the present petitioner, is the wife of said Shabir Ali. Marriage of the petitioner's only minor daughter Khusnuma has been arranged with Arshad Ali. Thus, Arshad Ali is close relative of the deceased under the proviso to the definition of `family', therefore, Arshad Ali be given appointment on compassionate ground on the death of her husband. By a letter dated 14. 8. 95, the State Government denied appointment to Arshad Ali stating that he was adopted as son only after the death of Ashraf Ali. On receiving the said reply she has once again made the representation on 7. 11. 95 stating that Arshad Ali is totally dependent on her and being son-in-law, he has to be given appointment on compassionate ground. Ultimately, she has filed this petition before this Court on 19. 11. 97 when she has not heard anything from the State Government. Learned counsel Mr. Mathur vehemently submitted that Arshad Ali would fall under the proviso to definition of family defined u/s. 2 (f) of the Rajasthan (Recruitment of Dependents of Government Servants Dying while in Service) Rules, 1975 (for short `the Rules') and, therefore, it was wrong on the part of the State Government to deny him appointment on compassionate ground. In response to the notice issued by this Court, learned counsel Mr. R. P. Dave appeared for the respondents. On behalf of the respondents, this petition was seriously objected on the ground of gross delay and laches in filing this petition. It was submitted that the deceased Ashraf Ali died way back in 1978 and for 14 years, his widow did not do anything. It is only in 1992 that she made an application at Annex. 1 for giving appointment to her would be son-in-law Arshad Ali as a dependent of deceased Ashraf Ali. When she was replied finally in 1995 that Arshad Ali cannot be given appointment, then after 2 years, she filed this writ petition in 1997. There is a lot of force in this submission raised by learned counsel for the respondents. There is a gross delay of in all 19 years in approaching this Court. Therefore, on this ground along, the petition was required to be dismissed.
(3.) ON merits also, the petitioner has no case. The petition filed at the instance of the petitioner is not maintainable. The grievance, if any has to be made by Arshad Ali who has been denied appointment as a dependent of Ashraf Ali. Merely because the petitioner has suggested to give appointment to him would be son in law is not a ground to come and file the petition. Even assuming for the sake of arguments that the petition filed at the instance of the petitioner Mehtab was maintainable, then on merits also, there is no substance in it. "family" is defined u/s. 2 (f) of the Rules which reads as under:- " (f) `family' means the family of the deceased Government Servant and shall include wife or husband, sons and married or widow daughters and son/daugher adopted according to the provisions of law by the deceased Government Servant, who were dependent on the deceased Government servant; Provided that no such member of the family be eligible for getting benefit under these Rules, the benefit available under these Rules may be extended to any other close relative of the deceased to be named by the widow of the Guardian of the children of the deceased with the specific approval of the Dept. of Personnel. " Admittedly, when Ashraf Ali died, Arshad Ali was neither his adopted son nor his son-in-law. It is only after his death, his widow - present petitioner arranged relations of his sole minor daughter with Arshad Ali. In Muslim Law, adoption is not permissible, therefore, she cannot claim Arshad Ali as her adopted son also. ;