DILIP GUPTA,J. - (1.) THE petitioner claims compassionate appointment under the Uttar Pradesh Recruitment of Dependents of Government Servant Dying in Harness Rules, 1974 (hereinafter referred to as the 'Rules') as his father died in harness on 25th November, 2006 while working in the Police Department.
(2.) A perusal of the impugned order shows that the claim for compassionate appointment was rejected since the petitioner was employed as a Signal Operator in the Indian Army from 2006 to 30th March, 2010 though he submitted his resignation on 31st March, 2010. Learned counsel for the petitioner submitted that it is true that he was working as a Signal Operator from 2006 to 30th March, 2010, but prior to the consideration of his application for compassionate appointment, he had submitted his resignation on 31st March, 2010 and, therefore, the application for compassionate appointment should not have been rejected for this reason. It is also his submission that the order dated 28th March, 2010 passed by the Commandant, 6th Battalion P.A.C. Meerut is without jurisdiction since he is not the Officer competent to pass the order.
(3.) THE petitioner does not dispute that he was working as a Signal Operator in the Indian Army from 2006 to 30th March, 2010. It is his submission that he had tendered his resignation on 31st March, 2010 before the order was passed on 28th September, 2010 rejecting his claim.;