Compassionate Appointment Cannot Exceed Deceased Employee’s Post: Allahabad HC

LI Network

Published on: February 14, 2024 at 13:00 IST

The Allahabad High Court has reiterated that compassionate appointments cannot be granted on a higher post than the one held by the deceased employee, regardless of the applicant’s higher educational qualifications.

Justice Neeraj Tiwari, relying on the Supreme Court’s decision in Suneel Kumar vs. State of U.P. and others and the observations reversing the Allahabad High Court’s decision in Smt. Premlata vs. State of U.P. and others, stated, “Apex Court had twice interpreted the Rule 5 Rules 1974 as well as suitable employment as referred herein. Apex Court has clearly held that “suitable employment” in Rule 5 must be construed with the post held by the deceased employee and not by the higher qualification held by the dependent.

View of the Apex Court is that compassionate appointment shall not be given upon a higher post than the post held by the deceased employee. Therefore, as on date, law of land is that legal heir cannot be given appointment on compassionate ground to a post higher than the post held by the deceased employee.”

The petitioner sought compassionate appointment on the post of a Class-III employee after the demise of their father, a Class-IV employee at Nagar Palika Parishad, Faridpur, Bareilly.

The application was rejected due to the absence of a vacant Class-III post, and the petitioner was denied the right to claim a specific post.

Counsel for the petitioner argued that in the absence of a vacant post, the employer should create a supernumerary post for a Class-III employee. However, the court ruled that the petitioner is not entitled to compassionate appointment on the Class-III post when their deceased father held a Class-IV position.

Despite dismissing the writ petition, the court noted that the petitioner can still apply for compassionate appointment on the Class-IV post.

Case Title: Arpit Shukla v. State Of U.P. And 4 Others [WRIT – A No. – 19344 of 2023]

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