Dilip Gupta, J. - (1.) THE Petitioners had claimed compassionate appointment on the post of Sub -Inspector under the U.P. Recruitment of Dependant of Government Servants Dying in Harness Rule, 1974 (hereinafter referred to as the ''Rules') as their husband died in harness while working in the Police Department. The appointment on the post of Sub -Inspector was denied to the Petitioners as the Government Orders dated 20th September, 2006 and 25th June, 2007 prohibited making compassionate appointment on these posts but the Petitioners were appointed on the post of Constables on compassionate ground. It transpires that subsequently (Mukesh Shukla and Ors. v. State of U.P. and Ors. Writ Petition No. 4746 of 2008) was filed by certain persons who had been denied appointment on compassionate ground on the post of Sub -Inspector and this petition was allowed by the judgment and order dated 7th August, 2008. The Petitioners have, therefore, filed this petition with a prayer that they may now be considered for appointment on the post of Sub -Inspector since the two Government Orders which had been made the basis for denying them appointment on the post of Sub -Inspector on compassionate grounds, have been set aside by the Court.
(2.) IT is contended by the learned Counsel for the Petitioners that the Petitioners were left with no option but to accept the appointment on compassionate grounds on the post of Constable since written communication was sent to them by the Department that because of the two Government Orders, they will not be offered appointment on the post of Sub -Inspector. On 2nd December, 2009, time was granted to the learned Standing Counsel to file the counter affidavit but no counter affidavit has been filed till date.
(3.) LEARNED Standing Counsel for the Respondents has made submission on the basis of the two Government Orders and has stated that the Petitioners were offered appointment on the post of Constables which they accepted. He has also stated that it is for the Petitioners to apprise the Respondents about the aforesaid facts by filing a representation which shall be decided expeditiously.;