The compassionate appointment cannot be claimed on a particular post as a right. In the instant case, the petitioner had been given appointment on the post of Forest Guard and was accepted by him without protest. He cannot claim higher post on the compassionate ground after lapse of 20 years merely for the reason that he is in possession of required qualification of the post of Forester. After acceptance of post, challenge to the appointment on a particular post cannot be made in the light of the judgment of Hon'ble Apex Court in the case of State of Rajasthan Vs. Umrao Singh reported in 1994 (4) Scale 372 . Therein, similar issue was decided. The compassionate appointment therein was given in the clerical cadre, though petitioner was entitled for the appointment on the post of Sub-inspector. This Court allowed the writ petition and in compliance, the petitioner therein was given appointment on the post of Sub-inspector. The Hon'ble Apex Court reversed the judgment of High Court and held that once appointment on the compassionate ground is given, claim cannot be made on the other post.
