IMPORTANT POINT
Appointment on compassionate ground is given only for meeting the immediate hardship which is faced by the family by reason of the death of the bread earner. When an appointment is made on compassionate ground, it should be kept confined only to the purpose it seeks to achieve, the idea being not to provide for endless compassion.

JUDGMENT

S.B. SINHA, J.—

Leave granted.

2.Respondent’s father Shri Narmadeshwar Mani Tripathi was a constable. He was in Uttar Pradesh Police Service. He died in harness on 2.1.1986. Grant of appointment to a dependant of an employee who died in harness is governed by statutory rules, in terms whereof the appellant filed an application for his appointment. He disclosed his academic qualification therein. He was considered for appointment as a Constable. He was not found eligible therefor having not satisfied the physical standard stipulated under the rules. He was appointed as a Peon. He accepted the said appointment without any demur whatsoever. He, however filed an application before the Uttar Pradesh Services Tribunal, Lucknow praying for his absorption in the post of Constable (M) with consequential benefits from the date of his initial appointment. By reason of a Judgment and Order dated 24.7.2000, the Tribunal arrived at a finding that although, ordinarily, rule of estoppel apply in a case of this nature, having regard to the representations made by him before the authorities in the instant case, the same should not be applied. It directed the appellant to appoint him in Class III posts with a further direction that the services rendered by him in the post of ordinary Peon be counted towards his pensionary benefits in the class III posts.

3.A Writ Petition was filed before the High Court questioning the correctness of said order. By reason of the impugned judgment dated 27.11.2002, the High Court declined to interfere therewith despite observing ;

“A word of caution, is put on record that the right to claim appointment under the dying in harness rules on compassionate ground can be neither used as a devise to seek employment nor it is a new mode of recruitment in Government service nor can be treated as a channel of promotion to higher post. The impugned order has been passed on the basis of facts of the present case.”

4.Learned counsel appearing on behalf of the appellant would submit that the Order of the Tribunal and consequently that of the High Court suffers from a manifest error in so far as they failed to take into consideration;

(i)Respondent having accepted the post of a Peon, was estopped from claiming a higher post after a period of five years.

(ii)The rules provided for appointment only to a post for which the candidate possessed the academic and other qualifications.

5.The learned counsel appearing on behalf of the respondent, on the other hand, would submit that in the facts and circumstances of this case, this Court should not exercise its discretionary jurisdiction under Article 136 of the Constitution of India as not only a prayer was made by the respondent for his appointment to a post which was commensurate with the academic qualifications he possessed, and the Superintendent of Police recommended therefor, but having regard to his alleged deficiencies in physical fitness only, the Police Headquarters directed his appointment only as a peon.

6.An employee of a State enjoys a status. Recruitment of employees of the State is governed by the rules framed under a statute or the proviso appended to Article 309 of the Constitution of India. In the matter of appointment, the State is obligated to give effect to the constitutional scheme of equality as adumbrated under Articles 14 and 16 of the Constitution of India. All appointments, therefore, must conform to the said constitutional scheme. This Court, however, while laying emphasis on the said proposition carved out an exception in favour of the children or other relatives of the officer who dies or who becomes incapacitated while rendering services in the police department. [See Yogender Pal Singh and Others v. Union of India and Others1 [A.I.R. 1987 SC 1015].

7.Public employment is considered to be a wealth. It in terms of the constitutional scheme cannot be given on descent. When such an exception has been carved out by this Court, the same must be strictly complie