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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RITU BAHRI, C.J., RAKESH THAPLIYAL, J.
Manoj Purohit – Appellant
Versus
State of Uttarakhand and Others – Respondents
Special Appeal No. 07 of 2024, Delay Condonation Application (IA No. 1 of 2024)
Decided On : 21-02-2024
Compassionate Appointment - Employment - N/A - The court discussed the principles governing compassionate appointments, emphasizing that acceptance of a lower post precludes claims for higher positions, reinforcing the non-entitlement nature of such appointments.
Fact of the Case:
The appellant sought a compassionate appointment after the death of his father, who was employed in a lower post. He was offered and accepted a class-IV position but later sought to upgrade to a class-III post based on his qualifications.
Finding of the Court:
The court found that the appellant voluntarily accepted the class-IV position and completed the probation period, thus barring him from claiming a higher post under compassionate grounds.
Issues: Whether the appellant could claim a higher post after accepting a lower post on compassionate grounds.
Ratio Decidendi: Once a compassionate appointment is accepted, the individual cannot later claim an upgrade to a higher post based on qualifications.
Result: The Special Appeal is dismissed as it lacks merit.
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, issued by the Managing Director, GMVNL on the post of Waiter on compassionate ground and given posting in Tourism Section at Headquarter. This offer of appointment dated 07.03.2019 was accepted voluntarily by the petitioner/appellant and after the completion of the probation period, the services of the petitioner/appellant was confirmed on the pay-scale of Rs.5200-20200 with grade pay of Rs.1800/- by an order dated 22.06.2020.
4. The petitioner/appellant after accepting the appointment and on completion of the probation period, submitted a representation on 11.01.2021, wherein, he has sought an amendment in his original appointment and claimed that the same be treated to be a class-III post instead of a class-IV post. When no action was taken by the respondents despite several reminders, the petitioner/appellant preferred a Claim Petition No. 95/DB/2021 before the State Public Service Tribunal, Dehradun and the said Claim Petition was disposed of by the Tribunal on 06.12.2021, whereby, the Managing Director of the GMVNL was directed to decide the representation by a reasoned and speaking order.
5. Thereafter, in compliance of the judgment rendered by the Tribunal, the Managing Director of GMVNL by an order dated 18.01.2022 rejected the claim of the appointment of the petitioner/appellant in class-III post on compassionate ground on the ground that already offer of appointment of class-IV post was given to the petitioner/appellant, which he has accepted and joined.
6. Being aggrieved with the rejection of claim of the petitioner/appellant, the petitioner/ appellant preferred Writ Petition (S/S) No. 1911 of 2022, in which, the petitioner/appellant gives the reference of some other instances in which the appointment on compassionate ground was given according to their qualification. The learned Single Judge dismissed the Writ Petition on 16.10.2023, on ground that since the petitioner/appellant accepted the appointment offered to him in Group-D post, he cannot be permitted to raise the contention that since he has qualification for appointment to Group-C post, therefore, he should be appointed on Group-C post.
7. While dismissing the Writ Petition, the learned Single Judge also taken into consideration the judgment passed in Writ Petition (S/S) No. 1489 of 2023, decided on 29.09.2023, wherein, it was observed that once compassionate appointment was offered and accepted, it cannot be permitted to be upgraded.
8. At this juncture, it is relevant to mention here that against the said judgment dated 29.09.2023, passed in Writ Petition (S/S) No. 1489 of 2023, an Special Appeal No. 6 of 2024 was also preferred and the same was dismissed by this Court today itself, i.e., 21st February, 2024 and this is also one of the aspects of the matter that the present Special Ap
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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