2014 (9) TMI 1250 - HC - Indian Laws

Rejection of request for appointment to the post of Junior Assistant /Bill Collector - HELD THAT - It is to be noted that appointment on compassionate ground is based upon rules and regulations governing the same. In other words the appellant cannot seek as a matter of right that he should be appointed in a particular post. Admittedly the post of Record Clerk was vacant at the relevant point of time and the appellant was appointed to the said post. Having voluntarily accepted such appointment the appellant is estopped from making a higher claim without any legal basis. Merely because others have been given the benefit of appointment to other post the appellant cannot claim the same as a matter of right. In such view of the matter the stand taken by the learned counsel for the appellant cuts no ice. Appeal dismissed.

Summary

Issues:
1. Challenge to order denying appointment to higher post based on compassionate grounds.
2. Claim of entitlement to higher post due to qualifications.
3. Legal basis for appointment on compassionate grounds.
4. Estoppel from making higher claim without legal basis.
5. Dismissal of writ appeal and indication for respondents to take appropriate steps.

Analysis:
1. The appellant challenged the order denying his appointment to the post of Junior Assistant/Bill Collector after being appointed as a Record Clerk on compassionate grounds following his father's demise. The request for the higher post was rejected on the grounds that his father was not in a provisionalised service. The Single Judge upheld this decision, leading to the appeal.

2. The appellant argued that similarly placed individuals had been appointed to higher posts and, being qualified, he should also be granted the same benefit. However, the Court emphasized that appointment on compassionate grounds is subject to specific rules and regulations. The appellant cannot claim a particular post as a matter of right, especially after voluntarily accepting the initial appointment as a Record Clerk.

3. The Court highlighted that the appointment on compassionate grounds was made when the post of Record Clerk was vacant, and the appellant was appointed to fill that specific vacancy. The appellant's request for a higher post without a legal basis was deemed untenable. The Court clarified that the appellant cannot demand a higher post simply because others have been appointed to such positions.

4. The principle of estoppel was invoked, stating that the appellant, having accepted the appointment to the Record Clerk position, is estopped from making a higher claim without a legal foundation. The Court dismissed the writ appeal, emphasizing that the appellant's argument lacked merit. However, the Court allowed the respondents to take appropriate steps in accordance with the law as indicated in the original order dated 04.06.2007.

5. In conclusion, the writ appeal was dismissed, and the Court made it clear that the dismissal would not prevent the respondents from taking necessary actions as per the law. The costs were awarded accordingly, and the connected Miscellaneous Petition was closed.