- (1.) RAKESH Tiwari, J. Heard Counsel for the parties and the respondents at length.
(2.) BY means of this petition the petitioner has made a prayer for a direction to the opposite party to appoint the petitioner on the post of Sub-Inspector of Police w. e. f. 1-1-1989. The father of the petitioner was posted as Head Constable in Civil Police posted at Chauki Harbans Mahal, Police Station Harbans Mahal, District Kanpur Nagar. He expired on 10th November, 1986. At the time when the petitioner's father died, he was a student of B. Com 1st year. At that time he moved an application before the DIG of police (Karmik) Police Head Quarter, Allahabad for being appointed on the post of Constable according to his qualification under the (U. P. Recruitment of Dependent of Government Servant (Dying in Harness) Rule, 1974. After interview the petitioner was appointed and was sent for training of Constable at recruitment training center at Banda. After completing the training the petitioner joined the post of constable at Etawah in April 1990 in pay scale of Rs. 950-1500. The petitioner claims that he ought to have been appointed as Sub-Inspector (M) (Stenographer) under dying in Harness Rules in accordance with his educational qualification as he also knew shorthand (Hindi) as well as Hindi and English typing, but he was appointed as constable denying him the pay-scale Sub-Inspector (M) 1640-2900.
(3.) IT is alleged that under similar circumstances Sri Shailendra Kumar Singh Yadav S/o Sri Geetam Singh Yadav was appointed on the post of Sub-Inspector of Police under the U. P. Recruitment of Dependent of Government Servant (Dying in Harness) Rules and the appointment of the petitioner as constable is discriminated. It appears from paragraph No. 7 of the writ petition the petitioner had moved an application to the DIG of Police (Karmik) Police Head Quarter, Allahabad for the post of constable and was appointed as such. Sri Geetam Singh Yadav did not applied for the post of conable as admitted by the Counsel for the petitioner.;