Back
VIVEK AGARWAL
Krishna Kumar Pandey – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. None for the petitioner.
2. Nobody had appeared for the petitioner on 26/2/2018 and 6/3/2018 also. Today also, nobody appeared for the petitioner.
3. This petition is filed by the petitioner claiming compassionate appointment on the death of father of the petitioner, who was working as Assistant Teacher in the Government Primary School, Bhitari, Sankul Government Higher Secondary School, Kandhwar, District Sidhi, where while working he died on 8/6/2009.
4. Petitioner's contention is that he had applied for compassionate appointment on the post of Peon in the Vikas Khand Rampur Naikin, District Sidhi.
5. Now petitioner's grievance is that since petitioner is Higher Secondary pass, therefore, he should be given appointment on a Class III post like Ward Boy, Patwari, Registration Clerk, etc. in terms of the circular of General Administration Department dtd. 18/8/2008.
6. Law in this regard is well settled that there cannot be an endless compassion. Once petitioner accepted appointment on compassionate basis on a Class IV post then, he cannot seek upgradation of his appointment after accepting appointment on a Class IV post and, therefore, in the light of the judgment of Hon
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.
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, the right to further appointment under the same scheme is extinguished, and lacking requisite qualifications invalidates the appointment.
Compassionate appointment is an exception to the general rule and is provided to enable the family to tide over the sudden crisis caused by the death of the bread earner. The appointment can only be ....
Acceptance of a compassionate appointment in a lower post precludes subsequent claims for a higher post.
The main legal point established in the judgment is that the rejection of a claim for compassionate appointment after 11 years, when the petitioner had already applied for compassionate appointment i....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
