(1.) THIS appeal is preferred challenging the order passed by the learned Single Judge dismissing the writ petition where the petitioner has sought for setting -aside the endorsement and a writ of mandamus to appoint him to the post of Program Administrator (Class -III) by changing the cadre of Junior Assistant -cum -typist (Class -III) from the date of his appointment. For the purpose of convenience, the parties would be referred to as they are referred to in the writ petition.
(2.) THE petitioner has completed his graduation in B.Sc. (Computer Science) in the year 2002 -03. His father was working as a Traffic Controller and died in harness on 22.10.2001. Therefore, he made a representation for Compassionate Appointment for the post of Program Administrator (Class -III). However, he was not appointed as Program Administrator (Class -III) but his appointment was as Junior Assistant -cum -Typist. He joined the duty. Then he challenged the said appointment contending that he should have been given an appointment taking into consideration his educational qualification i.e., B.Sc. (Computer Science) and appointed him as a Program Administrator. The learned Single Judge declined to entertain the writ petition on the ground that once the petitioner accepts the appointment and enters into service, just because he is better qualified, he does not get a right to change the cadre. Aggrieved by the said order, the present appeal is filed.