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 father of the Petitioners 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 Writ Petition No. 4746 of 2008 (Mukesh Shukla and Ors. v. State of U.P. and Ors.) 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.) IN the counter affidavit filed by the Respondents, the same reason as mentioned in the two Government Orders has been given for denying appointment to the Petitioners on compassionate grounds on the post of Sub -Inspector and it is stated that they were offered appointment on the post of Constables which they accepted. 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.
(3.) LEARNED Standing Counsel appearing for the Respondents states that it is for the Petitioners to apprise the Respondents about the facts by filing a representation which shall be decided expeditiously.;