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2026 Supreme(Online)(UK) 1276

HIGH COURT OF UTTARAKHAND
Manoj Kumar Tiwari, J
VED PRAKASH PUROHIT – Appellant
Versus
STATE OF UTTARAKHAND – Respondent
WPSS 1229/ 2026



Advocates:
For the Appellants/Petitioners: Puneet Kansal
For the Respondents: K.N. Joshi

Compassionate appointment is intended to alleviate immediate financial hardship, not to provide a career; it cannot be granted for specialized positions like teachers as it would compromise educational standards and violate Article 21A of the Constitution.

Headnote:The case involves a claim for appointment to a specialized post under compassionate appointment schemes. The petitioner, whose father died in 2001, was appointed as a Junior Clerk in 2010. The petitioner sought quashing of the appointment order to be appointed as an Assistant Teacher. The court found that the petitioner had already accepted the appointment and was now precluded from seeking an upgrade. The primary issue is whether a compassionate appointment can be granted for a specialized position such as a teacher. The court reasoned that compassionate appointment is intended to mitigate immediate economic hardship and not to provide a career. Furthermore, appointing teachers without selection violates the fundamental right to education under Article 21A of the Constitution of India, as it compromises the quality of education. For the reasons aforesaid, writ petition fails and is dismissed.

Table of Content
1. petitioner seeks upgrade of compassionate appointment post after long delay. (Para 2)
2. compassionate appointment is for financial relief, not specialized careers. (Para 3)
3. dismissal of the writ petition. (Para 4)

Office Notes, reports, orders or proceedings S NL o. Date or directions COURT’S OR JUDGE’S ORDERS and Registrar’s order with Signatures

(2) Petitioner’s father was serving as Assistant Teacher in a government aided institution, who died while in harness in 2001. Petitioner applied for compassionate appointment and he was offered appointment as Junior Clerk by creating a supernumerary post, on 3.11.2010. Petitioner accepted that offer and joined duties as Junior Clerk in 2010 itself. Now, in this writ petition, petitioner contends that he should have been appointed as Assistant Teacher and he has sought quashing of the order dated 3.11.2010, whereby he was offered appointment as Junior Clerk.

(3) This Court is not inclined to grant the relief as prayed for. Law is well settled that compassionate appointment is given to a dependant family member of the deceased employee to help the family tide over the sudden financial crisis, which befalls upon it on account of death of the sole bread earner. Petitioner accepted that offer, without raising any grievance, in 2010. Now, he has come up in 2026, questioning the appointment given to him as Junior Clerk. After accepting appointment on the post of Junior Clerk in 2010, petitioner is estopped from raising any further claim for upgradation of the post. Even otherwise also, compassionate appointment cannot be given to specialised positions like teachers and such appointment can only be given on a ministerial post. This Court, in Writ Petition (S/S) No. 2248 of 2024, has held that compassionate appointment is meant to mitigate the immediate economic hardship and it is not meant to provide career to the dependent of the deceased government servant and appointing teachers without selection compromises the quality of education, violating the fundamental right under Article 21A of the Indian Constitution and standard of education cannot be compromised for the sake of providing employment to dependent family member of a deceased employee

(4) For the reasons aforesaid, writ petition fails and is dismissed.

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