Petitioner sought a writ direction requiring respondents to decide a representation for appointment as Sub-Inspector on compassionate grounds. Court held appointment must match the post applied for and disposed of the petition.
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Court No. - 6
Case :- WRIT - A No. - 23074 of 2018
Petitioner :- Sachin Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Raj Narayan Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This writ petition has been preferred seeking the issuance of a direction requiring the respondents to decide the representation of the petitioner dated 11 September 2018.
From a perusal of the record appended with the writ petition, it appears that the petitioner was considered for appointment on compassionate grounds on the post of Constable. He is also stated to have been sent for training and for final appointment on the said post. The representation now made is to the effect that the petitioner be appointed as Sub Inspector.
This prayer as made cannot possibly be countenanced since the appointment is sought to be effected on compassionate grounds. In view of the above, it is not open for the petitioner to demand a particular post and it is for the respondents to evaluate his suitability for absorption on compassionate grounds.
Accordingly, while this Court finds no ground to issue the writs as prayed for, the petition stands disposed of with the observation that the respondents shall duly evaluate and complete the process of considering the appointment of the petitioner on compassionate grounds on the post of Constable.
Order Date :- 27.10.2018 VKS
3 issues framed by the court
Whether a petitioner can demand appointment to a specific higher post when applying on compassionate grounds.
Whether this Court should direct the respondents to decide a representation seeking appointment as Sub Inspector.
How appointment on compassionate grounds ought to be evaluated by the respondents.
Sachin Yadav
State Of U.P.
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
