Ritu Raj Awasthi, J. - (1.) REJOINDER affidavit on behalf of petitioner filed today in Court is taken on record. Heard learned counsel for petitioner as well as learned Additional Chief Standing Counsel and perused the record.
(2.) THE writ petition has been filed seeking a writ in the nature of mandamus commanding the opposite parties to appoint the petitioner under U.P. Recruitment of Dependents of Government Servants (Dying -in -Harness) Rules, 1974 (for short the Rules) on a class III post under Group 'C' Learned counsel for petitioner submits that the mother of petitioner, namely, Smt. Parmeshwari Puri while working on the post of Upcharika in the department of Medical and Health had died on 05.08.2004. The petitioner being dependent of his mother, who was a Government employee, applied for compassionate appointment under the Rules on 11.11.2005. The opposite party No. 4/Chief Medical Officer, Mathura as well as the Superintendent, Community Health Center, Barsana, District Mathura had recommended the case of petitioner for compassionate appointment vide recommendations dated 07.07.2007 and 27.07.2007. It was thereafter that the petitioner was informed vide letter dated 27/28.12.2007 that he will have to appear in the written test on 16.1.2008 at 10 a.m. for appointment against a class III post. The petitioner appeared in the said typing test, however, he was declared failed, as such, the compassionate appointment was refused to the petitioner.
(3.) SUBMISSION is that the opposite parties have committed gross illegality in rejecting the candidature of petitioner as under the Rules there is no requirement of conducting written test for providing compassionate appointment.;