CWP No.21867 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: 8.12.2010 Rajesh Kumar ...Petitioner VERSUS State of Haryana and another …Respondents CORAM HON'BLE MR.JUSTICE PERMOD KOHLI PRESENT: Mr.Ramesh Hooda, Advocate for the petitioner Mr.RD Sharma, DAG, Haryana Permod Kohli, J. (Oral) Notice of motion. Mr.RD Sharma, DAG, Haryana who is present in Court has been asked to accept notice on behalf of respondents. Keeping in view the controversy involved and with the consent of learned counsel for the parties, this petition is disposed of at motion stage itself. Father of the petitioner was working as Driver with respondent no.2- District Rural Development Agency Kaithal. He died in service on 19.6.2001. The petitioner was appointed on compassionate ground as Class IV employee, vide order dated 30.8.2004. The petitioner, after accepting the appointment, represented that he was eligible for appointment against the post of Clerk as his father was working as Driver. First claim of the petitioner in this petition is that he may be given the appointment on the post of Clerk. The other prayer of the petitioner is that 20% of the posts of CWP No.21867 of 2010 2 Clerks are required to be filled by promotion from Class IV posts and the petitioner being senior most employee is entitled to be considered for promotion as Clerk. In so far as the first claim of the petitioner is concerned, notwithstanding the fact that the petitioner may be entitled to particular post under compassionate appointment, the fact remains that the petitioner was appointed on Class IV post and he accepted the appointment without any reservation. The whole object of granting compassionate employment is to enable the family in penury to over-come immediate financial crisis. The petitioner after having accepted Class IV employment cannot now be allowed to seek appointment on a higher post and that too after a period of six years. The claim of the petitioner to this extent is rejected. In so far as the other claim of the petitioner for promotion to the post of Clerk is concerned, the respondents are required to consider the claim of Class IV employees for promotion to the post of Clerk against the available quota for promotees from Class IV posts. In view of the above, this petition is disposed of with a direction to the respondents to consider the claim of the petitioner for promotion to the post of Clerk, subject to his eligibility, availability of post, if the petitioner is within zone of consideration and on the basis of seniority within a period of three months from the date a certified copy of this order is received by the competent authority. (PERMOD KOHLI) JUDGE 8.12. 2010 MFK CWP No.10585 of 2010 3