Court No. - 40
Case :- SPECIAL APPEAL No. - 892 of 2018 Appellant :- Arvind Kumar Respondent :- State Of U.P. And 2 Ors Counsel for Appellant :- Ramesh Kumar Shukla Counsel for Respondent :- C.S.C.,Yatindra Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Bachchoo Lal,J.
Heard Sri Shukla, learned counsel for the appellant, Sri Yatindra, learned counsel for the respondent nos. 2 & 3 and the learned Standing Counsel for the first respondent.
The appellant has come up assailing the order of the learned Single Judge on the ground that since he has subsequent to his compassionate appointment acquired a higher qualification, therefore, he should be upgraded in his appointment by extending him the benefit of appointment as a Class-III employee.
The sum and substance of the claim of the appellant is that he should be virtually granted promotion to a higher post as he has acquired a subsequent higher qualification.
We are afraid that this is not the law relating to compassionate appointment. The appellant admittedly has acquired a higher qualification later on and he cannot now get his initial appointment upgraded on that basis or even claim promotion. If he is otherwise entitled for any such promotion under the Rules, he can certainly claim it but, not on the basis of initial appointment on a compassionate basis. The learned Single Judge has therefore committed no error in dismissing the writ petition. There is no merit in the appeal.
Rejected.
Order Date :- 18.9.2018 P Kesari