Compassionate appointees cannot claim appointment to a particular post under the Dying-in-Harness Rules.

The petitioner’s father, an Assistant Teacher (L.T. Grade), died in service on 2 September 2023. The petitioner applied for compassionate appointment as an Assistant Teacher (L.T. Grade) (English), claiming to possess the prescribed qualifications.

The Additional Director rejected that request on 5 March 2024, stating that the petitioner could apply for a Group ‘C’ post, such as Junior Assistant, under the amended Dying-in-Harness Rules, 2023.

The petitioner argued that the pre-amendment Rules applied because his father died and he applied before the amendment took effect on 28 December 2023.

The State responded that compassionate appointment did not confer a right to a particular post and that the petitioner had not applied for a Class III post.

Whether the petitioner was entitled to compassionate appointment specifically as an Assistant Teacher (L.T. Grade) under the pre-amendment Rules

Whether the rejection of that specific-post request, while allowing the petitioner to seek appointment to a Class III or equivalent post, warranted interference

Under the pre-amendment Rule 5(1), a qualifying dependant could be given suitable government employment outside the purview of the Public Service Commission, subject to the prescribed qualifications and other conditions; the amended Rule 5(1) provided for suitable employment in Group ‘D’ or Group ‘C’, including as Junior Assistant or an equivalent post.

The Court held that the Rules provide an exception to ordinary recruitment and do not confer a right to appointment to a particular post.

The Court found that even the pre-amendment Rules provided for “suitable employment” and did not guarantee appointment to the specific post claimed by the petitioner.

Accordingly, his qualifications for the L.T. Grade post did not establish an entitlement to that appointment. The Court therefore found no ground to set aside the rejection order, while preserving the petitioner’s opportunity to be considered for a Class III or equivalent post.

It directed the State to consider the petitioner’s claim for compassionate appointment to a Class III or equivalent post within two months of production of a certified copy of the order, without requiring him to submit a fresh application. There was no order as to costs.