S. B. Sinha, J. - (1.) Leave granted.
(2.) Respondents father Shri Narmadeshwar Mani Tripathi was a constable. He was in Uttar Pradesh Police Service. He died in harness on 2.1.1986. Grant of appointment to a dependant of an employee who died in harness is governed by statutory rules, in terms whereof the appellant filed an application for his appointment. He disclosed his academic qualification therein. He was considered for appointment as a Constable. He was not found eligible therefor having not satisfied the physical standard stipulated under the rules. He was appointed as a Peon. He accepted the said appointment without any demur whatsoever. He, however filed an application before the Uttar Pradesh Services Tribunal, Lucknow praying for his absorption in the post of Constable (M) with consequential benefits from the date of his initial appointment. By reason of a Judgment and Order dated 24.7.2000, the Tribunal arrived at a finding that although, ordinarily, rule of estoppel apply in a case of this nature, having regard to the representations made by him before the authorities in the instant case, the same should not be applied. It directed the appellant to appoint him in Class III posts with a further direction that the services rendered by him in the post of ordinary Peon be counted towards his pensionary benefits in the class III posts.
(3.) A Writ Petition was filed before the High Court questioning the correctness of said order. By reason of the impugned judgment dated 27.11.2002, the High Court declined to interfere therewith despite observing; "A word of caution, is put on record that the right to claim appointment under the dying in harness rules on compassionate ground can be neither used as a devise to seek employment nor it is a new mode of recruitment in Government service nor can be treated as a channel of promotion to higher post. The impugned order has been passed on the basis of facts of the present case." ;