Court No. - 38
Case :- WRIT - A No. - 21354 of 2007 Petitioner :- Abhishek Kumar Mishra Respondent :- State Of U.P. And Others Counsel for Petitioner :- Nitin Sharma,Ashish Kumar Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has been offered compassionate appointment on the post of Constable. This decision, however, was assailed on the ground that petitioner is qualified for being appointed on a higher post. According to petitioner he is an Intermediate and, therefore, was eligible for being appointed to the post of Assistant Sub-Inspector (Ministerial). In an earlier writ petition filed by the petitioner a direction was issued to consider the claim of the petitioner in that regard. The authority concerned has rejected petitioner's claim by observing that the post of Assistant Sub-Inspector (Ministerial) is a promotional post and no direct recruitment on it would be permissible.
Though the finding in that regard is assailed but neither the relevant service rules have been placed, nor any provision otherwise has been brought on record which may demonstrate any perversity or illegality in the finding so returned by the officer concerned.
Learned counsel for the petitioner has placed a circular of the Police Headquarter, dated 22.5.2014, according to which, the compassionate appointment could be granted on the post of Sub-Inspector (Ministerial) and the qualification for it is Intermediate with Hindi Shorthand having Speed of 80 words per minute and typing speed of 25 words per minute. Submission is that petitioner's claim has been wrongly overlooked.
A counter affidavit has been filed disputing the averments made in the writ petition. Admittedly compassionate appointment on the post of Constable has already been granted to the petitioner. So far as the appointment to the post of Assistant Sub Inspector (Ministerial) is concerned, the order records that the post is a promotional post and there is no provision for direct recruitment to be made against it.
Law is otherwise settled that a compassionate appointment is to be treated as an appointment in the direct recruitment category. The circular which is relied upon is of the year 2014 and would not be of any help, inasmuch as, it is not shown to be effective on the date of consideration of petitioner's claim. So far as the petitioner's claim for appointment on the post of Sub-Inspector is concerned, learned Standing Counsel points out that the minimum educational qualification for the post is graduation and petitioner's claim could not have been considered in that regard.
Having examined the submissions advanced at the bar and upon perusal of the materials placed on record, this Court finds no illegality in the decision taken by the respondents, inasmuch as, the qualification for the post of Sub-Inspector was not possessed by the petitioner at the relevant point of time the post of ASI was otherwise a promotional post which could not be offered for compassionate appointment. In view of the fact that no illegality is pointed out in the decision so taken by the respondents, the writ petition fails and is, accordingly, dismissed.
Order Date :- 31.7.2019 Ranjeet Sahu