INDRA BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner's father who was working with the respondents had died. The petitioner applied for the employment on compassionate ground and he was appointed by the respondents on April 4, 1989 on a class IV post. The petitioner was not satisfied and according to him he possessed the qualification which made him eligible for Class III post.

(2.) As the petitioner was not offered class III post, he filed a writ petition No. 26272 of 1993 before this Court and this Court vide an interim order dated December 9, 1993 directed the respondents to give the petitioner class III post. As the petitioner was not given the class III post in pursuance of the said order, the petitioner again approached this Court and this Court vide its order dated November 13, 1994 directed the respondents to ensure the compliance of the order of this Court passed on December 9, 1993. The direction issued by this Court was complied with and the petitioner was given employment in class III post. Petitioner filed an application before this Court to withdraw his writ petition and this Court vide its order dated July 15, 1996 dismissed the writ petition as withdrawn.

(3.) The plain and simple effect of the withdrawal of the writ petition is that the interim order passed in earlier petition stood merged in the final order and the order of appointment of the petitioner in Class-Ill post in pursuance of the earlier orders of this Court stood nullified, (vide Sheo Shankar and Ors. v. Board of Directors, UPSTRC and Anr. 1995 Suppl. (2) SCC 726, and Kannauria Chemicals and Industries Ltd. v. U. P. State Electricity Board and Anr. AIR 1994 All. 273). Even otherwise, person seeking employment on compassionate ground cannot claim any right to a particular post and he cannot insist that he should be offered employment according to his qualification. The purpose of giving 'employment on compassionate ground is not to maintain the status of a person but to relieve unexpected and immediate hardship and distress caused to a family by sudden demise of the earning member of the family. (vide State of Bihar v. Samsooz Zoha (1996-II-LLJ-647) (SC).