State of JandK and Others vs Behari Lal Dhar

M.M. Kumar, C.J.â€"The instant appeal by the State of J&K and its officers is directed against judgment and order dated 19.03.2002 directing

them to take into consideration the observations made by this Court in case of Anmolak Singh v. State of J&K and Ors., 1999 KLJ 47 : JKJ Soft

JKJ/11538 and consider the claim of the petitioner-respondent for a higher post other than class-IV. The said judgment was stayed by the Letters

Patent Bench vide order dated 08.08.2002. In cases of compassionate appointment, the policy of the law is to tolerate a new class of candidates

to enter employment on account of situation created by sudden death of bread earner. It is in order to overcome the difficulty created by the event

of death of the sole bread earner. It is an exception to Article 14 & 16 (1) of the Constitution of India and is not another mode of appointment

(See Haryana State Electricity Board and another Vs. Hakim Singh, .

It has been repeatedly held by Hon'ble the Supreme Court that the applicant for compassionate appointment cannot claim a post commensurate

to his qualification and it is good enough if some job is given to such applicant with earnings. In the present case, the petitioner-respondent has

already been given class-iv post, although he has the qualification of B.Com. As per the law, he cannot claim any post commensurate to his

qualification of B.Com. as has been held by Hon'ble the Supreme Court in the cases of State of U.P. and Others Vs. Pankaj Kumar Vishnoi, and

Umesh Kumar Nagpal Vs. State of Haryana and Others, . The judgment of the learned Writ Court issuing directions to consider the petitioner-

respondent for absorption on a higher post as per his qualification is not sustainable.

In view of the above, this appeal succeeds. The judgment of learned Writ Court is set aside and the petition filed by the petitioner-respondent is

dismissed. The appeal stands disposed of.