- (1.) S. P. Mehrotra, J. This writ petition under Article 226 of the Constitution of India has been filed in inter alia, praying for issuance of a writ, order or direction in the nature of mandamus directing the respondents to provide job in accordance with the provisions of Dying in Harness Rules, 1974.
(2.) IT is inter alia, alleged by the petitioner that the father of the petitioner was driver in Banda depot. of U. P. State Road Transport Corporation and that the father of the petitioner died on 29-9-2001 during his service period, and that the petitioner has passed B. A. III in IInd Division, and that after the death of his father, the petitioner has moved a representation dated 8-11-2001 (Annexure No. 3 to the writ petition) before the Regional Manager U. P. State Road Transport Corporation (Respondent No. 2), inter alia, praying for appointment as the legal heir in place of his deceased father in accordance with the Dying in Harness Rules. A perusal of the said representation dated 8-11-2001 (Annexure No. 3 to the writ petition) shows that various documents mentioned in the said representation dated 8-11-2001 have been filed. It is, inter alia, further alleged by the petitioner that the petitioner has sent a reminder letter dated 4- 7-2002 (Annexure No. 4 to the writ petition) to the Managing Director, U. P. State Road Transport Corporation, Head Office, Lucknow (Respondent No. 1 ). I have heard Sri Rajesh Kumar, learned Counsel for the petitioner and Sri R. A. Gaur, learned Counsel representing the respondents.
(3.) SRI Rajesh Kumar, learned Counsel for the petitioner submits that in view of Regulation 77 of the U. P. State Road Transport Corporation Employees (Other than Officers) Service Regulations, 1981, the petitioner is entitled to be appointed in place of his deceased father on a post in the U. P. State Road Transport Corporation for which he possesses the prescribed qualification. The said Regulation is quoted below: "in the event of death or permanent disability of an employee while in service his son or any other member of his family dependant him may be appointed on a post in the service for which he possesses the prescribed qualification. The procedure for requirement contained in these Regulations will not be applicable in his case. If necessary the age limit and academic qualifications may also be relaxed. " Sri R. A. Gaur, learned Counsel for the respondents has placed reliance on a circular dated 2nd March, 2001, and he submits that the appointment in place of the deceased employee is dependent on the availability of the vacancy and decision in this regard is to be taken by the Managing Director of the U. P. State Road Transport Corporation. Sri Gaur, further submits that the application filed by the petitioner in this regard before the Regional Manager, U. P. State Road Transport Corporation, Jhansi (Respondent No. 2) will be forwarded to the Managing Director U. P. State Road Transport Corporation (Respondent No. 1 ). The relevant extract of the said circular is quoted below:;