SURESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Siddharth Khare, learned counsel for the petitioner and Ms. Suman Sirohi, learned Standing Counsel.

(2.) The petitioner's father was the employee in the police department, who expired on 01.01.1999. After the death of his father, the petitioner applied for the compassionate appointment. The petitioner claimed compassionate appointment on the post of Sub-Inspector. Since the petitioner was not eligible for the post Sub-Inspector, the petitioner was given compassionate appointment on the post of Constable, which the petitioner has accepted and joined the post of Constable. It appears that the eligibility age of the post of Sub-Inspector was 21 years, which the petitioner could not fulfil and therefore, the offer for the post of Sub-Inspector has not been accepted. Later on when the petitioner attained the age of 21 years, the petitioner moved an application that now he is eligible for the post of Sub-Inspector and the same may be considered.

(3.) Learned Standing Counsel submitted that once the petitioner accepted the compassionate appointment on the post of Constable, his right for the higher post is consummated and ceases to exist and his appointment on the higher post can not be accepted. Reliance is placed on the various decisions of the Apex Court.