After Acceptance Of Compassionate Appointment On A Particular Post A Person Is Precluded From Claiming A Higher Post: MP High Court

The Madhya Pradesh High Court (Jabalpur Bench) has observed that once an individual accepts a compassionate appointment, he/she is precluded from seeking or claiming a higher position.

Referring to the Supreme Court's Judgment in the case of Rajasthan vs. Umrao Singh (1994), a bench of Justice Vivek Agarwal observed that once a compassionate appointment was given and accepted, the right to such appointment stood exhausted and a second consideration for a higher post was not warranted.

The bench opined thus while dealing with a writ petition filed by one Vinay Kumar Athiya challenging his appointment as a constable with the state police, after his father's death, following a prior appointment as Bal Arakshak.

He contended that he was subjected to discrimination since he had passed the CPCT examination and thus, he was entitled to be appointed as ASI (M) and similarly situated persons have been given an appointment as ASI (M) but he was given an appointment as Constable (M).

On the other hand, the counsel for the state argued that the post of Constable (M) is a direct recruitment post and the petitioner, having accepted the appointment on a compassionate basis in the year 2018, was estopped from claiming a higher post after a lapse of five years in terms of the provisions contained in paragraph 13.1 of the State Policy for grant of compassionate appointment.

The said policy provides that once a person accepts an appointment on a compassionate basis, then he is estopped from seeking an appointment on any other post.

In view of this, looking at the fact that the petitioner accepted his compassionate appointment as Constable (M), therefore, he was precluded from claiming appointment on any higher post after having accepted the appointment once, in the light of the law laid down by Supreme Court in the case of Umrao Singh, the bench dismissed the writ plea.

Case title - VINAY KUMAR ATHIYA vs. State of Madhya Pradesh

Case Citation: 2024 LiveLaw (MP) 3

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