VIPULKUMAR KISHORCHANDRA BHANANI Vs. JAMJODHPUR MUNICIPAL

JUDGEMENT

(1.) HEARD Mr. P.H. Pathak learned advocate for the appellant and Mr. R.K. Mishra learned advocate for respondent No. 1 - Municipality. Mr. Pathak learned advocate for the appellant has submitted that fourteen persons have been given back -door entry and their services are regularised. Considering the facts of the case, we are of the opinion that the compassionate appointment cannot be given on stop -gap or daily wages or on leave vacancy. Such appointment has to be in class -IV or on regular basis, and if, there are no post available, then the respondent - Municipality has to create a supernumerary post if they are satisfied that the heir has all qualifications for being appointed.

(2.) WE , therefore, direct the respondent Municipality to treat the appointment of the appellant on regular post, and if, there is no regular post available at present, in that case, the respondent - Municipality shall create supernumerary post and give appointment to the appellant and he shall be paid his salary in the regular pay -scale in view of the law laid down by the Hon'ble Apex Court in the case of Vishwanath Pandey vs. State of Bihar & Ors., reported in : (2013) 10 SCC 545, which squarely applies in the facts of this case and as the respondent -Municipality has found his case fit for appointment and have recommended his case to State authorities.

(3.) MR . Pathak learned advocate for the appellant has made a statement at the Bar that he shall not file any further litigation claiming back -wages or the difference in salary from 1999 to the date he is given regular posting or claim seniority over others. We make it clear that his appointment on compassionate ground is under the circumstances stated above.