- (1.) Petitioner had earlier approached this Court by filing Writ Petition No.21803 of 2018, which was disposed of vide following orders passed on 10.10.2018:- "Petitioner's father was employed as Class IV employee, who is stated to have died in harness on 03.01.2018. Petitioner, possessing graduation decree in science, has applied for grant of compassionate appointment.
(2.) It appears that appointment on Class IV has been issued to the petitioner on 07.07.2018. Petitioner has represented before the authorities for grant of appointment on Class III post in view of qualification possessed by the petitioner. Reliance is placed upon rule 5 of U.P. Recruitment of Dependants of Government Servant Dying in Harness Rules, 1974 in order to contend that suitable appointment, in the facts of the present case, would mean an appointment on Class III post. Learned counsel for the petitioner has also placed reliance upon a judgment of this Court passed in Special Appeal (Defective) No. 620 of 2018 (Smt. Premlata Vs. State of U.P. and 3 Others); wherein, following observations have been made vide order dated 14.09.2018: "At the threshold, we would like to state that though the appointments on compassionate grounds are deviation from the normal procedure and that has been introduced to extend a helping hand to the wards of an employee who dies while in service and, as such, the same is given to meet the emergent harness arose due to death of sole bread earner. While giving such appointments the employee concerned is required to adhere the applicable Rules. In the case in hand, the Rules of 1974 were made by the Government of Uttar Pradesh invoking the powers under proviso to Article 309 of the Constitution of India. Rule 5 of the Rules of 1974 provides that in case the Government Servant dies in harness after the commencement of the Rules and the spouse of the deceased Government Servant is not already employed under Central Government or a State Government or a Corporation owned and controlled by the Central Government or a State Government, one member of his family, who is not already employed shall, on making an application for the purpose, be given suitable employment in Government service, on a post except the post which is within the purview of U.P. Public Service Commission.
(3.) A bare perusal of Rule 5 of the Rules of 1974 makes it crystal clear that appointment under Rule 5 aforesaid is required to be given on a suitable post. The term 'suitable' in Rule 5 aforesaid pertains to suitability of the person who desires for appointment and it has nothing to do with the post held by the deceased Government Servant. The suitability of the aspirant is required to be assessed on basis of the educational qualification and other eligibilities so possessed by such person. In the case in hand, the appellant-petitioner is having the qualification of Bachelors Degree in Arts as well as Bachelors Degree in Education.;