JULIANA HEMBROM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Counsel for the petitioner submitted that the petitioner has already been appointed on compassionate ground as Class-IV employee in the year 1998 with the respondents and thereafter, the respondents have floated new policy in the year 2008 i.e. after one decade that a person having a higher education will be appointed directly as Class-III employee on compassionate ground. The petitioner also having the higher qualification and therefore, she may now be employed as Class-III employee. Counsel for the respondents submitted that the petitioner has already been working as Class-IV employee since 1998. New policy is floated in the year, 2008 and it is not made effective from retrospective date. The petitioner, might be of higher qualification, but, that is not a ground for appointing him on a higher post because compassionate ground is an exception of Article 16 of the Constitution of India otherwise, petitioner has to compete with others for getting public employment. There is no right vested in the petitioner to get higher post on the basis of the educational qualification nor there is any correspondence duty vested in the respondents otherwise, if any candidate is a Ph.d. holder he will get highest post. This is not permissible because compassionate appointment is given as an exception to Article 16of the Constitution with a view to give support to the family members. By virtue of compassionate appointment the respondent-State is not evaluating the capacity of the applicant.

(2.) Having heard counsel for both the sides and looking to the facts and circumstances of the case. I see no reason to entertain this writ petition mainly for the following facts and reasons:--