Mahendra Kumar vs State of U.P. and others

V.K. Shukla, J.—Petitioner has rushed to this court with request to issue a writ in the nature of mandamus commanding the respondents to provide the appointment to the petitioner on the post of Clerk (Class-III) according to his educational qualification.

Brief background of the case is that petitioner''s father had been performing and discharging her duty in as Lekhpal (Revenue Inspector) and he died in harness on 12.12.2004. On 23.8.2010 petitioner was given chance to join on the post of peon Class IV employee. Petitioner since 2010 has been performing and discharging his duty and is now contending that he has got better qualification, in this background he is entitled to be offered appointment on clerical post.

Sri. S.P. Singh Parmar, Advocate, learned counsel for the petitioner contended with vehemence that once petitioner has requisite educational qualification for being appointed on the post of clerk Class-III, then resonable view ought to have been taken and as such writ petition deserves to be allowed.

Countering the said submission, learned Standing Counsel on the other hand contended that object of providing compassionate appointment is to save family from immediate crises and once appointment had been offered to the petitioner and he had joined and performing and discharging his duty, then second chance is not permissible.

After respective arguments have been advanced factual situation on which there is no dispute that petitioner had been offered appointment as peon on 23.8.2010 in Revenue Department and since then he has been performing and discharging his duty and now petitioner is contending that he has got better qualification, in this background he is entitled to be offered appointment on clerical post cannot be accepted on following principle so enunciated.

Hon''ble Apex Court in the case of State of Haryana Vs. Naresh Kumar Bali, has held that once the applicant accepts the appointment on compassionate ground then he cannot make a further claim for appointment on any other post on any ground whatsoever. Similar view has been taken in the case of State of Rajasthan Vs. Umrao Singh, . Here petitioner has been offered appointment on the post of peon way back in the year 2010, then second opportunity cannot be provided for to the petitioner for being accorded appointment as clerk as he has already consumed the opportunity, and object of providing compassionate appointment is to be save the family from crises, and not to provide as indicated earlier, any further or second consideration for a higher post. As the case in hand stand squarely covered by the aforesaid judgment of the Hon''ble Apex Court, therefore, no relief can be granted to the petitioner.

Consequently, writ petition is dismissed.