KRISHAN PRASAD Vs. ADDITIONAL DISTRICT EDUCATION OFFICER, ALMORA

JUDGEMENT

(1.) We have considered the averments made in the application for condonation of delay in preferring the Special Appeal and being satisfied with the reasons furnished therein, allow the application for condonation of delay in preferring the Special Appeal.

(2.) In law, the right to be considered for an appointment on compassionate ground stands completely exhausted the moment the employment seeker accepts the employment as offered to him upon consideration of his request for the appointment. In the instant case, the appellant could be appointed in a class III post or in a class IV post. He was offered an appointment in a class IV post. Without any reservation the said appointment was accepted by the appellant. Subsequently, the appellant came to learn that at the time when he was appointed, class III posts were available. He, accordingly, started coming to this Court since 2003, for converting the offer given to him for appointment in a class III post. It is surprising that such approaches were entertained by this Court. The last approach made in 2009 resulted in passing of the judgment and order under appeal whereby the writ petition of the appellant has been dismissed. As aforesaid, despite knowledge of the fact that the appellant could be offered an appointment on a class III post and, despite he having been offered a class IV post, the appellant without any reservation accepted the offer for appointment on a class IV post and, accordingly, exhausted his right of being considered for appointed on compassionate ground. Subsequent thereto, he could not turn around and contend that he should have had been appointed in class III post. We accordingly, dismiss the appeal.