MOHAN KUMAR v. THE STATE OF BIHAR & Ors.

approached the High Court (Ghidharya Devi Vrs State of Bihar), with a claim for appointment on Class III. The High Court directed such consideration. The Supreme Court held that appointment on compassionate grounds was not a vested right. The High Court could not give directions for such appointment on Class III posts merely because vacancies existed when appointment had already been given on Class IV post. The appeal was allowed and the order of this Court set aside. In 2007 ( 6 ) SCC 162 (.I.G. (Karmik) & ors Vrs Prahladmani Tripatrhi), compassionate appointment was granted on the post of Peon which was accepted. A claim was laid before the Tribunal for absorption on the post of Constable. Relying on State of Rajasthan Vrs Umrao Singh, (1994) 6 SCC 560, the Court observed that once the right of compassionate appointment was consummated, any further or subsequent consideration for higher post on the ground of compassion would not arise. In conclusion, it was held at Para 12 that having obtained appointment on a lower post he could not be permitted to turn round and contend that he was entitled for a higher post. The writ application stands dismissed. Snkumar/- (Navin Sinha,J.)