- (1.) The petitioner is the son of Late Ashutosh Asthana a former employee of District Judgeship, Ghaziabad, who was involved in the G.P.F. Scam. He had been suspended and during that period an FIR was also lodged pursuant whereto the father of the petitioner was lodged in jail. He died there on 17.10.2009. The petitioner and his mother filed applications for compassionate appointments under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, that have been rejected hence this petition only questioning the order passed against the petitioner. The application dated 22.10.2011 of the mother of the petitioner for grant of compassionate appointment was rejected on 24.1.2012 by the learned District Judge. The said order is Annexure 6 to the writ petition. A perusal of the said order indicates that on account of the petitioner's father having been involved in the G.P.F. Scam at Ghaziabad, his mother was not found entitled for compassionate appointment. The order of the learned District Judge was passed keeping in view the observations made by the Apex Court in the case of General Manager, State Bank of India and another Vs. Smt. Anju Jain, 2008 8 SCC 475. The order passed by the learned District Judge in relation to the claim of the petitioner's mother is extracted hereinunder :- OFFICE OF THE DISTRICT JUDGE, GHAZIABAD ORDER NO.38 OF 2012 JANUARY 24, 2012 ORDER Smt. Sushma Asthana w/o late Sri Ashutosh Asthana (the then Central Nazir) has sent an undated application for her appointment on compassionate grounds under the U.P. Recruitment of Dependants of Govt. Servants Dying in Harness Rules, 1974 in class III cadre of the Judgeship by post, which has been received in this office on October 22, 2011.
(2.) She has stated in her application that her husband Sri Ashutosh Asthana was working as Central Nazir in Civil Courts, who has died on 17.10.2009. She has two sons and a daughter and there is no earning member in the family, so her employment is necessary for livelihood of the family. She has annexed the copies of death certificate of her husband, her High School mark-sheet and Intermediate Examination marks-sheets and certificate.
(3.) On her application report of Officer-in-charge, Administration was called. In processing the application, her testimonials were sent to educational institution mentioned therein. The photo-copies of marks-sheets show that Smt. Asthana has passed High School Examination in the year 1988 from S.D.M.S. Intermediate College, Dabethua, Varanasi and Intermediate from Shri Durga Devi Inter College, Ausa Manjhanpur District Allahabad (now District kaushambi). The High School Examination marks-sheet has been verified from Principal of the College, but no reply had been received about Intermediate marks-sheet, although the enquiry letter was sent through Speed Post on 24.11.2011.;