Point of Law: On compassionate ground appointment in State of Uttar Pradesh were under consideration. Rule 5 of these rules provided for appointment on compassionate grounds on suitable post.

ORDER :

CMP (T) No. 516/2022

1. For the reasons stated in the application, the same is allowed and disposed of.

CWPOA No. 1895/2019

With the consent of the parties, the matter is taken up for hearing.

2. Petitioner was appointed and working as Chowkidar on compassionate ground. The grievance of the petitioner in the instant petition is that in view of educational qualification possessed by him, he should have been appointed as a Clerk instead of Chowkidar on compassionate ground.

3. Following are the admitted facts of the case:

(a) Sh. Ram Rakha father of the petitioner was working as Beldar with the respondents-Public Works Department. He died on 14.08.2001.

(b) On 12.10.2001, the petitioner applied for compassionate appointment. At that time, his educational qualification was middle pass. During consideration of his application for being appointed on compassionate ground, he passed matriculation in third division.

(c) Respondents on 06.07.2006 offered appointment on compassionate ground to the petitioner against the post of Chowkidar in Bilaspur Division-II, HPPWD Bilaspur. The offer was accepted by the petitioner. Office order engaging the petitioner as daily waged Chowkidar was passed on 13.07.2006. Petitioner continued to work as Chowkidar.

(d) On 31.10.2012, the petitioner requested the respondents for change of his designation from Chowkidar to that of Clerk on the ground that he had qualified matriculation examination before the issuance of the appointment order. The request of the petitioner was turned down by respondent No. 2-Chief Engineer (HZ), HPPWD Hamirpur on 21.11.2012, hence, the instant petition.

4. In support of change of designation prayed for by the petitioner, learned counsel for the petitioner has placed reliance on a judgment passed by the Division Bench of this Court in CWP No. 1254/2011, titled Bal Krishan vs. State of H.P. and Another decided on 22.03.2011. Learned counsel submitted that in the said judgment direction was issued to the respondent to look into the case of Sh. Bal Krishan (petitioner therein). That case of Bal Krishan was situated similar to the present petitioner. Respondent considered the case of Bal Krishan (supra) and changed his designation from Chowkidar to that of Clerk. Learned counsel also drew attention to an order passed by the respondents on 15.10.2011. It was argued that in terms of this order one Sh. Sodhi Ram situated similarly as the present petitioner and appointed on compassionate ground against the post of Beldar, was ordered to be appointed as clerk.

Learned Additional Advocate General opposed the change of designation now sought by the petitioner. It was submitted that the Recruitment and Promotion Rules for the post of clerk required the incumbent to possess the educational qualification of either Matric in 2nd Division or 10+2. The petitioner was not eligible for appointment as a clerk as he did not satisfy the basic minimum required educational qualification. He was neither a matriculate in second division nor had he passed 10+2. Therefore, he could not be appointed on compassionate ground as a clerk and was accordingly offered the compassionate appointment as a daily waged Chowkidar.

5. On hearing learned counsel for the parties and going through the case record, I am of the considered view that for the following reasons the relief claimed by the petitioner cannot be granted:

(i) It is not in dispute that under the Recruitment and Promotion Rules for the post of clerk, an applicant in order to become eligible must possess educational qualification either of matriculation with 2nd division or he must have passed 10+2. It is an admitted position that the petitioner at the relevant time was a matriculate with third division. He did not possess the educational qualification required for appointment against the post of clerk in terms of Recruitment and Promotion Rules for the post of clerk.

(ii) Since the petitioner was only matriculate with third division, therefore, respondents