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RITU BAHRI, RAKESH THAPLIYAL
Manoj Purohit – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT :
RAKESH THAPLIYAL, J.
1. The present Special Appeal is preferred against the judgment and order dated 16.10.2023, passed by the learned Single Judge in Writ Petition (S/S) No. 1911 of 2023, whereby, the Writ Petition was dismissed.
2. There is a delay of 49 days in preferring the instant Special Appeal. Delay is not seriously opposed by the learned counsel for the respondents, and therefore, the Delay Condonation Application is allowed and delay in filing special appeal is condoned.
3. The brief facts of the case are that the father of the appellant/petitioner late Padma Dutt Purhoit, who was employed as a Waiter (class-IV post) in Garhwal Mandal Vikas Nigam Limited (hereinafter to be referred as “GMVNL”) on a substantive basis, but unfortunately, on 07.04.2018 the petitioner’s father died and thereafter, an application was moved for seeking compassionate appointment on the basis of the educational qualification. The petitioner/appellant claims appointment in class-III post since he is a graduate and having diploma in Computer Application Software. However, without considering his qualification, the petitioner/appellant was offered appointment by an order dated 07.03.2019, is
Acceptance of a compassionate appointment in a lower post precludes subsequent claims for a higher post.
Compassionate appointments under the dying-in-harness rules cannot be upgraded once accepted, as they are not a matter of right.
The relaxation of government instructions in a similar case estopped the appellant department from denying the respondent's request for appointment against a class-III post.
Compassionate appointments are not a matter of right and depend on the availability of vacancies; once an appointment is accepted, further claims for higher positions are not permissible.
Once a compassionate appointment is accepted on a Class IV post, the right to such appointment stands exhausted, and seeking upgradation to a higher post is not warranted.
(1) Compassionate appointment – Policy of compassionate appointment is not a concession, largesse or mercy shown to hapless dependents of a deceased employee, but a structured response of State to en....
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