1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. CIVIL WRIT PETITION NO.2427/1995 Vishwambhar Dayal vs. State & Ors. Date of order : 26/3/2009. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ None present for the petitioner. Shri Zakir Hussain, Addl. Govt. Counsel for the respondents. ****** No one appeared on behalf of the petitioner, but the petition was considered on the basis of pleadings and the supporting documents and arguments of learned Additional Government Counsel. The petitioner in the present writ petition prayed for to grant him appointment on compassionate ground on the post of LDC with effect from 10.7.1990. Petitioner has contended that he is fully eligible for being anointed on the post of LDC and that he was wrongly appointed on the post of Class-IV employee. The post of LDC was very much available with the respondents. Learned Additional Government Counsel contended that the petitioner was already appointed as Class IV employee by order dated 1.7.1988, which appointment was accepted by the petitioner. The subsequent 2 request of the petitioner for appointing him on the post of LDC cannot be accepted because the right to compassionate appointment once accepted on lower post gets consummated and it cannot be prayed thereafter that the appointment should be given on higher post. Having considered the merit of the case and perusal of record, I find that the petitioner had accepted the appointment as Class IV. It is trite law that the right to compassionate appointment is an exception to the rule and once such appointment is accepted on the lower post, such right no longer survives and stands consummated. The incumbent thereafter cannot insist for being appointed on a higher post. I therefore do not find any merit in this writ petition. The writ petition is dismissed. A copy of this judgement be endorsed to the petitioner for information. (MOHAMMAD RAFIQ), J. RS/