Hon’ble P.K.S. Baghel, J.—The petitioner has preferred this writ petition for issuance of a direction upon the respondents to consider his claim for the appointment on the post of Class III in the Judgeship of Meerut.

2. A brief reference to the factual aspect would suffice.

3. The petitioner’s father was working on the post of ‘Prasar Wahak’ in the Judgeship of Meerut. He unfortunately died on 20.6.2013 while in-harness. His mother had also died in the year 2012. The petitioner is a graduate. After the death of his father, he moved an application on 2.11.2013 for his appointment on compassionate ground.

4. It is stated that the Administrative Committee of the Judgeship considered his grievance and directed the Chief Medical Officer, Meerut for his medical examination. The Chief Medical Officer found the petitioner medically fit and issued a fitness certificate on 6.11.2013.

5. The grievance of the petitioner is that the petitioner possesses the essential qualification for appointment on Class III post and Administrative Committee had also recommended for the same. However, the District Judge vide order dated 15.2.2014 has appointed the petitioner on a Class IV post on temporary basis.

6. The petitioner joined his services as Class IV employee and presently he is working on the said post. However, he made an application for his appointment on a Class III post on the ground that that the Administrative Committee had found him eligible for a post of Clerk and not as a Class IV employee but he has been wrongly appointed on temporary basis as Class IV employee.

7. Heard learned counsel for the petitioner, learned Standing Counsel and the learned counsel for respondent Nos. 2, 3 and 4.

8. Learned counsel for the petitioner submits that the petitioner is qualified for the appointment on the Class III post. The Administrative Committee also recommended his appointment on a Class III post. This fact is also evident from the medical certificate wherein it is mentioned that the petitioner is medically fit for appointment on the post of Class III.

9. Lastly, it is urged that the order of the District Judge offering him temporary appointment is illegal as appointment on the compassionate ground is always of permanent nature.

10. Learned counsel for the respondent No. 2 submits that the petitioner has accepted the offer to join Class IV post and accordingly he is working as a Class IV employee, hence, he cannot claim higher post after joining on the Class IV post. He further submits that the appointment on compassionate ground is not a matter of right but it is offered to enable the family to tide over the sudden crises.

11. I have considered the rival submission and perused the record.

12. It is a common ground that the respondent No. 2, the District Judge issued an appointment letter to the petitioner on 15.2.2014 appointing him as ‘Chaukidar’ on temporary basis.

13. Pursuant to the said appointment letter, the petitioner joined his services and is working as Class IV employee. The case of the petitioner that after joining of his service, he came to know that he has been appointed as a Class IV employee, does not inspire confidence for a variety of reason. The petitioner is graduate and educated person and it cannot be believed that without going through the terms and conditions of the appointment letter, he submitted his joining. It is well-established law that appointment on compassionate ground is not a vested right such appointment is made purely on the humanitarian consideration in departure of prescribed procedure under he law. In strict sense it is violative of Article 14 and 16 of the Constitution but an exemption has been carved out on humanitarian ground because the deceased employee leaves the family in penury and without any means of livelihood. The object is to relieve the family of the financial destitution. The compassionate appointment enables the family to tide over the sudden crises.

14. The rules relating to co