- (1.) THE father of the appellant, late Niranjan Prasad Tanti, who was in the services of the State, having died in harness on 16th November, 1993, the appellant applied for compassionate appointment. The Establishment Committee recommended his name for appointment against class -IV post vide its decision dated 29th November, 1996. The appellant was appointed against class -IV post on 13th May, 1997 and joined the post.
(2.) AFTER about five years, the appellant filed the writ petition for a direction on the respondents to consider his case for appointment against class - III post. One of the Page 0780 grounds was taken that his name was originally recommended for class -III post and subsequently some other persons have been appointed against class -III post but learned Single Judge refused to grant relief. 2002 (2) JCR 541 (Jhr.). In the said case, the Court held that once a person appointed on compassionate ground, the question of second time appointment on such ground against class -III post does not arise. Counsel for the appellant relied on a decision of the Supreme Court in Surya Kant Kadam v. State of Karnataka and Ors. reported in AIR 2001 Supreme Court 2415 : AIR 2001 SCW 2386. But no benefit of the aforesaid judgment can be given, the order having been passed by the Supreme Court on different facts and circumstances. That was a case, wherein the Supreme Court noticed that the appellant of the said case was appointed on compassionate ground against a lower post of second Division Assistant/Clerk. The 3rd and 4th respondents of the said case were also appointed on compassionate ground against a lower post of second Division Assistant/clerk. Later on, 3rd and 4th respondents of the consideration of the case of the appellant before the Supreme Court. Taking into consideration the aforesaid fact, the Supreme Court held the action as discriminatory and allowed the appeal.
(3.) IT is not the case of appellant that the case of another person similarly situated was considered for appointment along with him and such person was given appointment against higher class -III post and the appellant was denied. In such a situation, if subsequently any person has been appointed against class -III post that will not give rise to any cause of action for second time appointment on compassionate ground.;