Judgment

JUDGMENT :- Heard the learned counsel for the parties. Special leave is granted.

2. The respondents father - Shri J. P. Sharma, who was a constable, died in 1978 and in November, 1981, the respondent applied for appointment as Sub-Inspector on compassionate grounds. The matter was examined at several levels and ultimately the post of a lower divisional clerk was offered to the respondent, which he did not accept. He moved the State Administrative Tribunal for a direction to the appellant - State for his appointment as APP-Grade-II. By the impugned judgment the Tribunal allowed the prayer of the respondent.

3. Learned counsel for the appellants has contended that under the instructions in question the respondent is not entitled to a higher post of his choice merely because he fulfils the requisite eligibility qualifications. Learned counsel for the respondent has attempted to defend his case by citing the illustration of another applicant - Rajiv Dwivedi --- who, according to him, was appointed in similar circumstances as APP-Grade II. The facts relating to Rajiv Dwivedi are not on record and it is the mere assertion of the respondent that the circumstances are identical. Even