Acceptance of a lower post without objection precludes a candidate from seeking appointment to a higher post on compassionate grounds at a later stage.

ORDER :

This Writ Petition is filed under Article 226 of Constitution of India for following relief/s:

“to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Memo in RC.C24-142155/2014, dated 25.08.2020 issued by the respondent No.3 in rejecting the petitioners request for her appointment as Junior Assistant instead of Office Subordinate as per the G.O.Ms.No.612, General Administration (Services-A) Department, dated 30.10.1991, even though, the petitioner has fulfilled the eligibility criteria for her appointment as Junior Assistant as arbitrary, illegal, contrary to the scheme of compassionate appointment and the well established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 16, 19 and 21 of the Constitution of India and consequently direct the respondent No.3 to appoint the petitioner as Junior Assistant from 14.08.2017 retrospectively with all consequential benefits and pass such other order or orders …”

2. The issue in the present Writ Petition is that though the petitioner is eligible for the post of Junior Assistant on compassionate grounds as per G.O.Ms.No.612, General Administration (Services-A) Department, dated 30.10.1991, the petitioner was given appointment as Office Subordinate. Therefore, the petitioner seeks a direction to the respondents herein to accommodate her as Junior Assistant in the place of Office Subordinate. The petitioner herein was appointed as Office Subordinate vide proceedings in RCC No.24-112062/2017, dated 14.08.2017 on the demise of her mother on 01.03.2017 in harness.

3. It is the case of the petitioner herein that to hold the post of Junior Assistant, Intermediate is the qualification as prescribed in G.O.Ms.No.612, dated 30.10.1991 and the petitioner herein has passed M.Sc. Micro Biology and she is eligible to the post of Junior Assistant on compassionate grounds as on the date of appointment. Despite she is eligible, the respondents have issued appointment as Office Subordinate as such petitioner requested to consider her case for appointment as Junior Assistant instead of Office Subordinate.

4. The petitioner relies on G.O.Ms.No.25 and 112 dated 12.03.2015 and 18.08.2017 respectively, wherein these two G.O.s, the persons who possessed intermediate qualification, were appointed as Junior Assistant on compassionate grounds by giving 5 years time to acquire the degree qualification and whereas the petitioner herein has possessed M.Sc. Micro Biology, though she is eligible for the post of Junior Assistant, she was given the post of Office Subordinate for the reasons best known to the respondents. Her case was not considered and therefore, she seeks a direction to the respondents to appoint her as Junior Assistant in lieu of office subordinate.

5. It appears from the endorsement dated 25.08.2020, the case of the petitioner was rejected relying on the G.O.Ms.No.292, MA & UD Department, dated 16th May, 1992 on the ground that vacant Junior Assistant posts will be filled up by direct recruitment.

6. Learned counsel for the petitioner would submit that the said G.O. is not applicable and the petitioner is not seeking any compassionate appointment on the said G.O. or seeking any promotion to the eligible post and the petitioner ought to have been appointed as Junior Assistant not as Office Subordinate, as per G.O.Ms.No.612 and it was pleaded that the rejection order is untenable and inter alia pleaded to direct the respondents herein to consider the case of the petitioner to appoint as Junior Assistant on humanitarian grounds so as the deceased family is enable to maintain minimum status in the society.

7. Learned counsel for the petitioner further submit that petitioner was obtained information under Right to Information Act and the respondents have issued endorsement vide RCC 24-116-245/2019, dated 26.08.2019 and as per the information provided under the Right to Infor