ORDER

1. This petition has been filed under Article 226 of the Constitution of India being aggrieved by the action on the part of the respondents, whereby petitioner's application for appointment on the post of Class-3 on compassionate basis has been rejected.

2. The brief facts leading to filing of this case are that father of the petitioner was an employee of the respondents/department and was posted as Class-4 employee in Nagar Palika, Datia. The father, namely; Pradeep Nichrele expired on 1.12.2019 while in service. After his death, the petitioner applied for compassionate appointment on a suitable post. The educational qualification of the petitioner is B.Sc. Looking to the qualification, he was hopeful that he would get appointment on the post of Class-3. However, vide order dt.11.5.2020, the petitioner was appointed on the post of Peon, which is a Class-4 post. The petitioner joined the services under protest. Thereafter, the petitioner filed an application for reconsideration or upgrading his post from Class-4 to Class-3. The aforesaid application was rejected vide order dt. 7.7.2020 relying on clause 13.1 of the policy dt. 29.9.2014.

3. Learned counsel for the petitioner submitted that there are about six posts of Class-3 lying vacant in the respondent-department, therefore, he ought to have been appointed on the Class-3 post. In such circumstances, Annexure P/1 dt.7.7.2020 may be quashed and respondents/authorities may be directed to consider the case of the petitioner for compassionate appointment on Class-3 post according to his qualification.

4. On the other hand, learned Government Advocate for the respondents/State opposed the prayer and submitted that the purpose of grant of compassionate appointment is to tide over the sudden crisis in the family due to demise of an employee. According to the policy, only 5% of the direct recruitment quota is earmarked for compassionate appointment. Clause 13.1 of the policy dt.29.9.2014 provides that once the compassionate appointment is granted, thereafter, no appointment on compassionate basis can be granted on any other post. There is no provision of up-gradation of the post in the entire policy, as such, the application filed by the petitioner has been rightly rejected. The petition is liable to be dismissed.

5. Heard the learned counsel for the parties.

6. It is not in dispute that the petitioner has been appointed on the post of Class-4 on compassionate basis. According to the policy dt.29.09.2014, clause 13.1 categorically provides that once appointed on the post, the employee cannot be appointed on any other post. This Court finds force in the submission of the learned Government Advocate for the respondents/State. Finding no merits or substance in the writ petition, the same is hereby dismissed in limine.

No order as to costs.