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VIVEK AGARWAL
Vinay Kumar Athiya – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
This petition is filed being aggrieved of the action of the respondents in giving him appointment on compassionate basis as Constable (M). Petitioner’s contention is that his father died in harness on 8-7-2017. On 23-1-2018, the petitioner was given appointment as Bal Arakshak as he had not attained the age of 18 years. On his attaining the age of majority, his compassionate appointment as Bal Arakshak was brought to an end and he was given appointment as Arakshak (M).
2. It is submitted that he is challenging his appointment on the post of Constable (M) on the ground of discrimination inasmuch as the petitioner has passed CPCT examination and is entitled to be appointed as ASI (M) and similarly situated persons have been given appointment as ASI (M) but the petitioner is given appointment as Constable (M).
3. Placing reliance on paragraph 5.1 of the State Policy for grant of compassionate appointment as contained in Annexure P-6 dated 29-9-2014, it is submitted that appointment should have been given on the lowest post to be filled by direct recruitment. It is submitted that the post of Constable (M) is not a post for direct recruitment.
4. Shri Vijay Shukla, learned Panel Law
Acceptance of a compassionate appointment precludes the individual from later claiming a higher post, as established by state policy and judicial precedent.
Compassionate appointment is contingent on meeting eligibility criteria, and being married disqualifies applicants from age relaxation.
Appointment on compassionate ground is a concession and not a right, and the appointee does not have the right to choose a particular post.
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 appointments in armed services must be approached humanely, recognizing the need for welfare for families of injured personnel, making such claims justiciable under constitutional provi....
Compassionate employment is not a legal right but an exception to Articles 14 and 16, requiring adherence to specific policies regarding age and eligibility.
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