JUDGEMENT
Dr. B. S. Chauhan, J. -
(1.) -The instant writ petition has been filed for seeking a direction to the respondents to appoint the petitioner in accordance with Clause 39 of the Ist statute of the Meerut University as a teacher in the College.
(2.) FACTS and circumstances giv-ing rise to this case are that petition-er's father, who was in service of the respondents died in harness on 23.4.1997. Petitioner made an appli-cation for appointment on compas-sionate ground. He was appointed as a Lab Assistant in the Chemistry Department of Meerut College, Meerut. Subsequently, petitioner joined the said post and now, the present writ petition has been filed by the petitioner praying that respondents should be directed to make his appointment suitable to his qualification.
We have heard the learned counsel for the parties and perused the record of the case.
An identical case was considered by the Hon'ble Apex Court in State of Haryana v. Naresh Kumar Bali, (1994) 4 SCC 448, and it was held that once the applicant accepts the appointment on compassionate ground, he cannot make a further claim for appointment on any other post on any ground whatsoever. It may be for the reason that it cannot be a case of compassion for all time to come. In State of Rajasthan v. Umarao Singh, (1994) 6 SCC 560, the Hon'ble Supreme Court while rejecting a similar claim held as under : "He accepted the appointment as L.D.C. Therefore, the right to be considered for the appointment on compassionate ground was consummated. No further consideration on compassionate ground would ever arise. Otherwise, it would be a case of endless compassion. Eligibility to be appointed as Sub-Inspector of Police is one thing, the process of selection is yet another thing. Therefore, once the right has consummated as we have indicated earlier, any further or second consideration for a higher post on the ground of compassion would not arise."
(3.) AS the case stand squarely covered by the aforesaid judgment of the Hon'ble Apex Court, therefore, no relief can be granted to the petitioner.
Petition is accordingly dismissed.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.