Srinagar, Mar 4: The High Court of Jammu & Kashmir and Ladakh has ruled that a government employee appointed on compassionate grounds cannot claim a higher post as a matter of right.

A Division Bench comprising Justice Sindhu Sharma and Justice Shahzad Azeem allowed an appeal by the J&K government and set aside a 2015 judgment granting Javaid Ahmad Ganai notional status as Storekeeper.
Ganai, a resident of Anantnag, had been appointed on compassionate grounds under SRO 43 in 2000 but joined a Class IV post due to eligibility rules. He later sought elevation to the Storekeeper post, which is promotional and requires experience.
The Bench emphasized that compassionate appointments are intended to support dependents in crisis, not to grant higher posts automatically. Citing Supreme Court precedents, including State of Rajasthan vs Umrao Singh, the court held that Ganai, having accepted the Class IV post, was estopped from claiming the higher post.
The court clarified that Ganai can seek promotion to Storekeeper only through regular recruitment rules and seniority, not by virtue of his compassionate appointment