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IN THE HIGH COURT OF MADHYA PRADESH
Vivek Agarwal, J.
Krishna Kumar Pandey – Appellant
Versus
State of Madhya Pradesh – Respondent
Writ Petition No. 20431 of 2011
Decided On : 31-01-2023
Compassionate Appointment - Upgradation of Appointment - The court held that 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. The judgment of the Hon'ble Supreme Court in the case of State of Rajasthan Vs. Umrao Singh (1994) 6 SCC 560 was cited to support this principle.
Fact of the Case:
The petitioner filed a petition claiming compassionate appointment on the death of their father, who was working as an Assistant Teacher. The petitioner sought appointment on a higher post after initially accepting appointment on a Class IV post.
Finding of the Court:
The court found that the petitioner's request for compassionate appointment on a higher post after accepting appointment on a Class IV post cannot be granted, citing the principle that once a compassionate appointment is accepted, the right to such appointment stands exhausted.
Issues: The issue was whether the petitioner, after accepting appointment on a Class IV post, could seek upgradation to a higher post for compassionate appointment.
Ratio Decidendi: The court applied the principle that seeking upgradation of appointment after accepting appointment on a Class IV post for compassionate appointment is not warranted, as established in the judgment of the Hon'ble Supreme Court in the case of State of Rajasthan Vs. Umrao Singh (1994) 6 SCC 560.
Final Decision: The petition failed and was dismissed by the court.
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'ble Supreme Court in case of State of Rajasthan Vs. Umrao Singh, (1994) 6 SCC 560, wherein it is held that once a compassionate appointment was given and accepted, the right to such appointment held stood exhausted. Second consideration for a higher post is not warranted. Therefore, prayer for grant of compassionate appointment on a higher post after accepting compassionate appointment on a Class IV post, cannot be granted to the petitioner.
7. In view of above, petition fails and is dismissed.
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....
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