Once a compassionate appointment is accepted, the right to further appointment under the same scheme is extinguished, and lacking requisite qualifications invalidates the appointment.

JUDGMENT :

Hon'ble Dr Yogendra Kumar Srivastava, J.-Heard Sri R.K. Ojha, learned Senior Counsel assisted by Sri Rajesh Kumar Mishra, learned counsel for the appellant, Sri Tej Bhanu Pandey, learned Standing Counsel appearing for the State-respondent and Sri Yatindra, learned counsel for respondent Nos. 2 to 5.

2. The present special appeal is directed against the judgment and order dated 7.3.2024 passed in Writ-A No. 6916 of 2019 (Shiv Dutt Sharma v. State of U.P. and others) whereby the writ petition has been disposed of with certain observations and directions.

3. The basic facts of the case which are available on record indicate that the appellant-petitioner was granted appointment on compassionate grounds on the post of Chowkidar in Junior High School, Badagaon, Vikas Kshetra Arnia, District Bulandshahar vide appointment order dated 10.11.1981.

4. On an application dated 6.2.1984, the petitioner was permitted to apply for admission in B.Ed. (Shiksha Shashtri) Course. The petitioner was directed to take admission after seeking sanction of unpaid leave for the purpose, with stipulation that he himself join duties in the same school after expiry of the leave period.

5. In due course of time, the petitioner claims to have been appointed against the post of Assistant Teacher by an order dated 16.8.1986 passed by the District Basic Education Officer, Bulandshahar, in terms of a decision dated 3.7.1986 of the Appointment/Promotion Committee for Teachers of Basic Schools of District Bulandshahar. The appointment order was stated to have been issued on the basis of the qualification shown in the application form of the petitioner.

6. The petitioner continued to serve as Assistant Teacher for about 32 years. However, a few months before the date of his retirement i.e. 31.3.2019, when he was working as Principal at Primary School, Salempur, Pahadgarhi, a notice/order dated 21.12.2018 was issued from the Block Education Officer, Block Arnia stating that the petitioner by concealing the fact relating to his first appointment on compassionate grounds, had obtained the appointment against the post of Assistant Teacher. The petitioner was directed to submit his explanation alongwith evidence in regard to the same failing which it would be presumed that he had nothing to say in the matter, and departmental proceedings would be initiated against him.

7. The petitioner submitted a response to the aforesaid notice on 27.12.2018, wherein no reply was given on the facts mentioned in the notice and the notice was termed as baseless.

8. The petitioner submitted another reply dated 5.1.2019 stating therein that he had applied for appointment on compassionate grounds as per his educational qualifications; however, he had given appointment on the post of Chaprasi/Chowkidar, which was not as per his educational qualifications. It was further submitted that after obtaining permission from the department, the petitioner passed the B.Ed. examination by taking leave without pay and thereafter on the basis of a decision dated 3.7.1986 by the Appointments Committee for Basic Schools, he was given appointment as trained Assistant Teacher, and he took charge on the said post on 16.8.1986. It was stated that he had not concealed any fact from the department and that as he was to attain the age of superannuation on 31.1.2019, and was to retire on 31.3.2019 after completing the academic session, the notice dated 21.12.2018 had no justification.

9. The Basic Education Officer, Bulandshahr upon considering the aforesaid reply, issued an office order dated 8.2.2019 stating therein that the petitioner had been appointed on the post of Chowkidar in the Junior High School, Badagaon, Block Arnia, District Bulandshahar and again he was appointed on compassionate grounds on the post of Assistant Teacher at Primary School, Badauli, Block Arnia and he took charge on 16.8.1986. In view of the aforesaid, the petitioner was directed to furnish certain documents within a week. The af