WPSS/1911/2023
2023 Latest Caselaw 3165 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                  COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 WPSS 1911/2023
                                 Hon'ble Manoj Kumar Tiwari, J.

Mr. Shubhang Dobhal, Advocate, for the petitioner.

Mr. V.S. Rawat, Brief Holder, for the State/respondent no. 1.

Mr. Mukesh Pathak, Advocate, i/b Mr. Sandeep Kothari, Advocate for the respondent no. 2 to 4.

(2) Petitioner's father was serving as a Group D employee in Garhwal Mandal Vikas Nigam Ltd. Upon his death, petitioner was appointed on a Group D post on compassionate ground. Petitioner, now, claims appointment on a Group C post on the ground that other similarly situated persons, appointed after petitioner's appointment, have been given such appointment on Group C post. (3) Compassionate appointment is given to the dependents of deceased employees in order to help them tide over the sudden financial crisis which befalls upon them on account of death of the breadwinner of the family. It cannot be claimed as a matter of right and compassionate appointment once accepted cannot be permitted to be upgraded. Since petitioner accepted the appointment offered to him on a Group D post, he cannot be permitted to raise the contention that since is qualified for appointment to a Group C post, therefore, he should be appointed to Group C post.

(4) Learned Counsel appearing for the Garhwal Mandal Vikas Nigam Ltd. relied upon a judgment rendered on 29.9.2023 by this Court in Writ Petition (S/S) No. 1489 of 2023, wherein it has been observed that compassionate appointment once offered and accepted cannot be permitted to be upgraded. (5) For the reasons recorded above, there is no scope of interference. Accordingly, writ petition fails and is dismissed.

(Manoj Kumar Tiwari, J.) 16.10.2023 Pr