Vivek Sharma vs State of Punjab and others

The petitioner herein has filed the instant petition seeking

promotion from class IV post to class III post on compassionate basis on the

basis of his educational qualifications.

The father of the petitioner died while in harness on 28.03.2011,

leaving behind his widow, daughter and son, the petitioner herein. The

petitioner was appointed on the post of Sewadar at Government Senior

Secondary School, Mithapur by appointment letter issued on the 26.9.2011.

The petitioner joined thereafter. At the time of joining, he was 17 years of

age and a student of 10+2. Thereafter, he completed his 12th and also B.A

Part I examination. On attaining higher education, the petitioner approached

the respondents for appointing him against a class III post but to no avail.

Aggrieved the instant writ petition has been filed.

Learned counsel for the petitioner contends that the petitioner

having acquired a higher qualification would be entitled to be considered for

appointment on compassionate ground against a class III post instead of on

the post of Sewadar which is a class IV post.

Compassionate appointment is given to members of the

deceased government employees who die in harness. The object of offering

compassionate appointment to a member of the deceased''s family is to tide

over the extreme financial crisis that family members would face on the

death of an earning member, and can not be claimed as a matter of right. A

person offered a job on compassionate grounds by the government has no

right to be appointed to a post of his choice on account of holding the

minimum qualification. The law is well settled in this regard. Therefore, the

petitioner having been appointed as a Sewadar on compassionate

appointment will not be entitled to seek a higher post on account of having a

higher qualification.

The writ petition is dismissed being devoid of any merit.