Rakesh Tiwari, J. - (1.) -Heard learned counsel for the parties and perused the record.
(2.) THE controversy involved in the aforesaid petition pertains to grant of compassionate appointment. THE petitioner has challenged the validity of correctness of the order dated 24.3.2003 issued by Deputy Director General (Establishment), U. P. Police Head Quarters Allahabad, offering compassionate appointment to the petitioner as Constable in Civil Police in the pay scale of Rs. 3,050-4,590. THE petitioners claim that he is entitled for compassionate appointment on the post of Sub-Inspector in Civil Police and not as Constable. The father of the petitioner was in service in U. P. Police Department as follower. He expired on 19.7.1986 in harness. The petitioner was minor at that time. After graduating, the petitioner submitted the papers for appointment on compassionate ground under the U. P. (Recruitment of Dependents of Government Servants) Dying in Harness Rules, 1974. The Government granted age relaxation for appointment of the petitioner after inter-departmental correspondence. The inquiry report in respect of the petitioner appears to have been submitted on 31st August, 2002. The petitioner claims that he was eligible for the post of Sub-Inspector (Civil Police). It is submitted that the process for appointment of the petitioner for the post of Sub-Inspector (Civil Police) was completed and approval was also accorded for his appointment to the post of Sub-Inspector (Civil Police) except interview and issuance of appointment letter for the said post. In the meantime it appears that criteria for the appointment of Sub-Inspector (Civil Police) were changed by respondent No. 2.
(3.) THE petitioner was thereafter directed to appear for interview for the post of Constable (Civil Police) in the pay scale of Rs. 3,050-75-3,950-80-4,590 at Police Head Quarter, Allahabad. Aggrieved by the order dated 24.3.2003, whereby he was directed to appear for interview against the post of Constable (Civil Police) this petition has been filed. The contention of the counsel for the petitioner is that before the enforcement of U. P. (Recruitment of Dependants of Government Servants) Dying in Harness Rules, 1974, a Government order dated 21.12.1973, had been issued providing that the dependants of employees who have died in the harness may be appointed as per their qualification. The copy of the Government order has to be appended as (Annexure-10 to the writ petition) and is as under : ...[VERNACULAR TEXT OMMITED]...;