Court No. - 58
Case :- WRIT - A No. - 18025 of 2018 Petitioner :- Ajay Kumar Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anil Babu Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 21.10.2011, which records that petitioner is not entitled to grant of compassionate appointment to a Class III post and that, his claim can be considered for grant of Class - IV employment in case petitioner makes an application and gives his consent, in that regard. This order is assailed nearly after 7 years on the ground that petitioner has objected to letter dated 21.10.2011, but his representation has not been considered. It is stated that petitioner is an M.Sc. and B.Ed. and therefore, he is entitled to be appointed on a Class III post.
Petition is opposed by the learned standing counsel.
Admittedly, petitioner's father was a Seenchpal, who died in harness in the year 2009. An application for grant of compassionate appointment was considered and the authorities proceeded to pass an order on 21.10.2011. Petitioner, admittedly, had not given his consent for being appointed to a Class - IV post. Law is settled that grant of compassionate appointment is in the nature of a concession with the object of securing for the family some sort of subsistence, as the family has suffered due to untimely death of sole bread earner. Law is settled that grant of compassionate appointment is not a matter of right.
Petitioner, therefore, would not be justified in challenging an order passed almost 8 years back, which offered him compassionate appointment of a Class - IV post. In case petitioner is qualified, he can always look for employment in open competition. No direction, therefore, can be issued to the authorities to consider petitioner's claim for appointment on a Class - III post.
The writ petition is dismissed.
Order Date :- 24.8.2018 Amit Mishra