- (1.) Heard learned counsels for parties and perused the record.
(2.) Petitioner was working as Pharmacist in S.N. Medical College and died in harness on 26.07.1983. On an application dated 16.08.1983 moved by petitioner seeking compassionate appointment, he was offered appointment on a Class-IV post by order dated 08.04.1987 which was initially for a period of 35 days but was subsequently extended. Petitioner joined the aforesaid post on 09.04.1987. Thereafter he pressed for consideration of his claim for compassionate appointment on a Class-III post and also threatened to proceed on hunger strike. Chief Medical Superintendent made appointment on 21.04.1992 on a Class-III post. A perusal of order dated 21.04.1992 shows that he (petitioner) was allowed to work in Department of Psychiatry as 'Clerk' subject to condition that he can be reverted to his substantive post without notice and without assigning any reason. Pursuant thereto, petitioner joined on 23.04.1992. In terms of the aforesaid letter dated 21.04.1992, by order dated 24.10.1992 petitioner was sent back to his Class-IV post. This order was challenged before Tribunal, but Claim Petition has been rejected.
(3.) Learned counsel for petitioner submitted that appointment on compassionate basis ought to have been made considering qualification of petitioner and when there was a Class-III post, appointment ought to have been made on Class-III post and not on Class-IV post.;