Court Upholds Principle of "No Second Consideration" for Higher Post After Initial Compassionate Appointment
In a significant ruling, the Allahabad High Court (Lucknow Bench) dismissed a writ petition filed by Dileep Kumar Jaiswal, who sought appointment to a higher post on compassionate grounds after initially being appointed as a Peon. The judgment, delivered by Justice Amitabh Kumar Rai, underscored that once a compassionate appointment is made, it cannot be used as a stepping stone for higher posts, regardless of subsequent qualifications acquired by the appointee.
The petitioner, Dileep Kumar Jaiswal, had initially been appointed as a Peon at Ramkali Balika Inter College, Sultanpur, after the demise of his father, who was an Assistant Teacher. Despite acquiring qualifications of B.Ed. and M.A. (English) thereafter, Jaiswal's application to be appointed as an Assistant Teacher on compassionate grounds was rejected by the District Inspector of Schools (DIOS), Sultanpur.
Citing precedents, including the Supreme Court judgments in Umesh Kumar Nagpal v. State of Haryana and State of Rajasthan v. Umrao Singh, the High Court emphasized that compassionate appointments are exceptions to the general recruitment process, intended to provide immediate financial relief to the family of a deceased employee. The court held that these appointments should not be utilized to claim higher posts, maintaining the principle of "no second consideration" on compassionate grounds.
Justice Rai noted that the compassionate appointment of Jaiswal as a Peon was made in accordance with his qualifications at the time and that no post was available in the institution where his father worked. The court reiterated that subsequent acquisition of higher qualifications does not entitle the appointee to claim a higher post on compassionate grounds.
The ruling aligns with previous judgments that compassionate appointments are designed to alleviate financial distress caused by the untimely demise of an employee and are not a means to secure a career ladder within public employment. The court dismissed the petition, affirming the legality of the DIOS's decision and reinforcing the statutory limitations on compassionate appointments.
Bottom line:-
Once compassionate appointment is granted to a dependent of a deceased employee, there cannot be a second or further consideration for appointment to a higher post on compassionate grounds.
Statutory provision(s): Regulation 103 of U.P. Intermediate Education Act, 1921, Section 16 of the Uttar Pradesh Secondary Education Services Selection Board Act, 1982.
Dileep Kumar Jaiswal v. State of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2900210
