Gopal Krishan Vyas, J. - (1.) IN this writ petition filed under Article 226 of the Constitution of India, petitioner is seeking directions to the respondents to provide appointment on compassionate ground in accordance with the Rajasthan Compassionate Appointment of Dependants of Deceased Government Servant Rules, 1996 [for short "the Rules of 1996"]. Learned counsel for the petitioner submits that father of the petitioner Late Shri Jagdish Panwar was substantially working in the respondent -Department on the post of L.D.C. and died while in service on 18.06.2007.
(2.) AFTER death of late Jagdish Panwar an application was moved by the petitioner for providing appointment on compassionate ground under the Rules of 1996 but inspite of filing application in accordance with Rules for appointment on the post of Class -IV respondents are not providing appointment to the petitioner inspite of fact that family of late Jagdish Panwar is suffering financial crises. After issuing notice to the respondents, a reply has been filed by the respondent -Department, in which, it is pleaded that in the District of Banner as many as 51 cases for appointment on compassionate ground are pending for want of sanctioned post wherein the name of petitioner is at Serial No. 33. Meaning thereby, 32 persons are ahead in the priority to the petitioner, therefore, the appointment has not been provided to the petitioner and appointment will be made as per priority.
(3.) LEARNED counsel for the respondents State submits that appointment can be given against the sanctioned post only, therefore, at this stage, the petitioner is not entitled for any direction to provide appointment on compassionate ground, therefore, this writ petition may be dismissed.;