Court No. - 58
Case :- WRIT - A No. - 1095 of 2019 Petitioner :- Sandeep Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Banshi Dhar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner had applied for grant of compassionate appointment, consequent upon death of his father, who was a Class-IV employee in D.A.V. Inter College Orai at Jalaun. Claim of petitioner has been examined and compassionate appointment has been granted to him on 21st April, 2018 on the post of Class-IV employee. Petitioner has also joined and is working. It is much thereafter that a representation has been made by the petitioner to consider his claim for appointment to the post of Class-III employee.
Learned counsel for the petitioner submits that considering the petitioner's qualification the authorities ought to have considered his claim for appointment to the Class-III post and not against a Class-IV post.
Learned Standing Counsel states that petitioner has already accepted his appointment on a Class-IV post and he is otherwise not eligible for appointment on a Class-III post, since he does not possess CCC certificate.
From the facts brought on record, this Court finds that petitioner has already accepted appointment offered to him on Class-IV post and has joined.
Having been appointed on a Class-IV post and joined without any protest, the petitioner is now estopped from raising any claim for a higher post. Even otherwise, compassionate appointment is not a matter of right and is in the nature of exception to enable the family in distress to tide over the sudden difficulty. Petitioner has otherwise not brought on record any CCC certificate, which is one of the eligibility condition for appointment to Class-III post. In that view of the matter, no direction is required to be issued for considering appointment of petitioner on a Class-III post.
Writ petition, accordingly, is dismissed.
Order Date :- 22.1.2019 Anil