Court No. - 4
Case :- WRIT - A No. - 26968 of 2018 Petitioner :- Smt. Neetu Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Prasad Sharma Counsel for Respondent :- C.S.C.,Yatindra
Hon'ble Ajit Kumar,J.
1. Heard learned counsels for the parties.
2. The petitioner is aggrieved against the non action on the part of respondents. The petitioner wants that her claim for compassionate appointment on Class-III position may be considered, whereas, the order dated 01.06.2018 of the District Basic Education Officer (hereinafter to be referred as 'DBEO') carries a directive to the extent that the petitioner cannot be offered appointment on Class-III position, as there are already applicants in the same category whose applications are pending since long time relating to compassionate appointment due to the death of their bread earners on whom they were dependants.
3. In the opinion of the Court, the rule that the person should be appointed as per the qualification is all dependent upon the availability of the post. It is well settled legal position that no supernumerary post is created in class-III category; the supernumerary post can only be created in class-IV category. The question of the directives of the DBEO being violative of Article 14 of the Constitution also does not arise because all the candidates belonging to the compassionate category appointments for one class and therefore, their cases have to be considered in preferential order in respect of the applications made relating to the death of their bread earners at earlier point of time. In the opinion of the Court, therefore, there is nothing wrong in the directives issued by the DBEO dated 01.06.2018.
The principle behind the compassionate appointment is to provide immediate succour to the bereaved family. There is no question of any appointment per choice and when the question comes of the survival of the family, whatever is available is offered. The law is well settled that nobody can claim a particular post by way of compassionate appointment, except where the rules do provide, but the rules can be applied subject to the availability of the vacancies or in the event supernumerary post can be created.
Since, it is already stated above that no Class-III supernumerary post can be created, the petitioner is therefore, to accept the post available with the department.
This writ petition, therefore, is disposed of with direction that in case if in order of preference, petitioner comes to be appointed, her candidature will be considered against Class-III post, subject to the availability of the post, otherwise the petitioner cannot be permitted to claim a particular post merely because she possesses such qualification.
Writ petition consigned to record.
Order Date :- 19.12.2018 IrfanUddin