Chaman Singh vs State Of U.P. Through Secretary ...

Learned counsel for the petitioner prays for and is granted permission to make correction in the prayer clause (i) of the writ petition.

Heard Sri Seemant Singh learned counsel for the petitioner. Sri Manu Saxena learned counsel has received notice on behalf of respondent.

By means of the present petition, the petitioner is seeking for modification of the offer letter dated 17.07.2019 issued by the Executive Officer, Municipal Corporation, Najibabad, District Bijnor, whereby compassionate appointment has been offered to the petitioner to a class IV post (Sweeper).

The petitioner has applied for compassionate appointment on account of death of his father who was working on the post of Safai Karmi.

It is admitted to the petitioner that the offer of appointment to the post of Sweeper vide order dated 17.07.2019 has been served to him. He however, seeks modification of the said order with the submission that he is entitled to get appointment on a Class III post, in as much as, he possess requisite qualification for appointment to the said post. The submission is that the Government order dated 17.06.2014 framing guidelines for making appointment on compassionate ground clearly provides that compassionate appointment cannot be refused for non availability of the post and further that appointment on class III post cannot be refused merely on the ground that the deceased was a class IV employee. It is contended that the said Government order categorically provides that the compassionate appointment has to be made in accordance with the qualification and suitability of the candidate and commensurate with the qualification possessed by a candidate.

It is further contended that in the departmental communication made in relation to the compassionate appointment of the petitioner, it was also observed that in case of non availability of class III post, a supernumerary post till availability of the regular vacant post, can be created for appointment of the petitioner.

With the various communications between the authorities of Nagar Nigam and the State Government, it is submitted by the learned counsel for the petitioner that a supernumerary post is to be created in the Nagar Nigam, Nazimabad to accommodate the petitioner on class III post. The petitioner cannot be subjected to accept appointment on the class IV post though he is qualified for a higher post.

These submissions of learned counsel for the petitioner do not detain the Court for long, in as much as, the object of compassionate appointment is not to provide job to the dependent of the deceased rather the purpose is to provide financial assistance to the family members so that they may not face any inconvenience on account of death of the sole bread earner. It is evident from the record that there is no vacancy in class III post. The concept of creating a supernumerary post is only with the purpose to accommodate the applicant on compassionate appointment in case there is no post available in the organization, as again waiting for vacancy to the post would frustrate the very object of compassionate appointment. The guidelines issued by this Court in the case of Prakash Agarwal Vs. Registrar General, High Court Allahabad passed in Writ Petition (SS) No.2228 of 2014 as adopted by Government order dated 17.06.2014 are for the purpose that no-one is refused appointment on compassionate ground merely for the reason of non availability of post. The observation therein that the appointment shall be commensurate to the qualification can be read only to the extent of possibility thereof i.e. in case a post in class III is available and the applicant is entitled to get appointment having possessed the qualification for the same.

The instant case is not a case of refusal of compassionate appointment rather the petitioner has been offered appointment on an available class IV post. There is no question, therefore, of creating any supernumerary post of Class III to accommodate the petitioner. The prayer made in the present petition to seek modification of the Offer letter dated 17.07.2019, therefore, cannot be accepted.

However, a liberty is granted to the petitioner to intimate his acceptance to the offer letter dated 17.07.2019 by appearing before respondent no.3 namely Executive Officer, Municipal Corporation, Najibabad, District Bijnor within a period of three weeks from today alongwith certified copy of this order.

In case, the petitioner approaches the respondent no.3, he shall accommodate the petitioner after satisfying himself about the availability of the class IV post. The petitioner shall not be denied appointment merely on the ground that he did not communicate his acceptance within the time given in the Offer letter dated 17.07.2019.

Subject to the above observations and directions, the writ petition is disposed of.

Order Date :- 5.8.2019 Himanshu