SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 1900/2025 Hon’ble Manoj Kumar Tiwari, J. Ms. Prabha Naithani, Advocate, for the petitioner. Mr. Ganesh Datt Kandpal, Deputy AG, for the State. (2) Petitioner was offered compassionate appointment on Group ‘D’ post of Peon, vide order dated 30.5.2006, passed by District Education Officer (Basic), Almora. He thereafter staked claim for appointment on a Group ‘C’ post of Junior Clerk on the ground that he is qualified for such appointment and one similarly situate person was offered appointment as Group ‘C’ employee. The claim staked by the petitioner has been rejected by the District Education Officer (Basic), vide order dated 5.10.2023. Thus feeling aggrieved, petitioner has approached this Court. (3) Learned Counsel for the petitioner submits that petitioner’s father was employed as Assistant Teacher, Govt. Primary School, who died on 25.1.2006. Petitioner, who was qualified for appointment on a Group ‘C’ post, made application in which he sought appointment as Group ‘C’ employee, however instead of giving appointment as Junior Clerk, petitioner was offered appointment as Peon. She submits that a similarly situate person, whose father was also serving as Assistant Teacher, Govt. Primary School, was given compassionate appointment after death of his father on the post of Junior Clerk, vide order dated 4.3.2006. Thus she submits that it is a case of discrimination. She also refers to a letter issued by Regional Additional Director, Elementary, Kumaon to District Education Officer, Elementary on 5.10.2023 in support of her contention that the competent authority was not informed about the post for which petitioner had applied. (4) Learned State Counsel, per contra, submits that after accepting appointment on a Group ‘D’ post in 2006, petitioner cannot now stake claim for upgrading the post offered to her on compassionate ground from Group ‘D’ to Group ‘C’. He submits that after accepting appointment on a Group ‘D’ post, petitioner is estopped from raising any further claim for upgradation of the post. He further submits that although rules provide for compassionate appointment to dependants of deceased government servant in deserving cases, however the said rules do not provide a hereditary right of appointment. He submits that compassionate appointment is an exception to the general rule that selection has to be merit based. He submits that if petitioner is more qualified and he thinks that the post offered to him is not commensurate with his status, qualification and experience, then he can apply for appointment to a suitable post in open market; face competition and once selected, he can join a higher post. (5) This Court finds substance in the submission made by learned State Counsel. After having accepted appointment on Group ‘D’ post, that too in 2006, petitioner cannot now turn around and stake claim for appointment on Group ‘C’ post. Learned State Counsel is right in submitting that compassionate appointment cannot be claimed as a matter of course and there are various aspects which are to be considered while giving compassionate appointment. It is also well settled that compassionate appointment is given to a dependant family member of the deceased employee to help the family tide over the sudden financial crisis, which befalls upon it on account of death of the sole bread earner. (6) Petitioner has served for nearly two decades as Group ‘D’ employee, therefore he cannot now be permitted to stake claim for appointment on a Group ‘C’ post, that too on compassionate ground. (7) For the reasons aforesaid, writ petition fails and is dismissed. (Manoj Kumar Tiwari, J.) 13.11.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C9 1957BE53, cn=PRABODH KUMAR Date: 2025.11.14 10:33:23 +05'30'