Anil Kumar, J. - (1.) HEARD Counsel for the parties and perused the record.
(2.) BY means of the present writ petition, the petitioner has challenged the order dated 26.04.2008 (Annexure -7) passed by Senior Superintendent of Police, Kanpur Nagar/O.P. No. 4. In brief the facts of the present case are that petitioner's father Sri Bhola Singh was working as Head Constable in Civil Police, posted at Kanpur Nagar died during his tenure of services on 24.04.1997. After the death of Sri Bhola Singh in harness initially an application for compassionate appointment to the petitioner was moved on his behalf by his mother. Thereafter on 01.07.2004 the petitioner moved an application for considering his case for compassionate appointment. Taking into consideration the said application moved by the petitioner, O.P. No. 4 directed him to submit certain information and documents. According to the petitioner, the same was submitted by him and he was called and directed to appear in a physical and medical test on 07.02.2005 and 09.02.2005 respectively. He appeared in the said test, thereafter his case was recommended by the O.P. No. 4 to DIG (Establishment) Police Headquarter, Allahabad on 11.10.2006 however nothing has been done in the matter in question in spite of repeated requests and reminders made by the petitioner. Lastly, impugned order dated 26.04.2008 (Annexure -7) his case for giving appointment on compassionate ground was rejected by Senior Superintendent of Police, Kanpur Nagar. Hence the present writ petition.
(3.) WHEN the matter was taken up for hearing, a query has been made to the learned Counsel for the petitioner, whether the petitioner has got a vested right to get a compassionate appointment under law and also what illegality has been committed by the O.P. No. 4 while rejecting the petitioner's case for compassionate appointment on the ground of delay keeping in view the fact that the petitioner's father died in the year 1997 and since then more than 13 years have been passed and the petitioner during the intervening period has maintained his family so whether the petitioner is entitled to get a compassionate appointment at this stage.;