- (1.) Heard Sri R.C. Gupta, learned Counsel for the appellant and Sri Abhinav Upadhyaya, learned Standing Counsel for the respondents.
(2.) This is an intra Court appeal under the Rules of the Court preferred against the judgment of the Hon'ble Single judge dated 13.2.2003 dismissing the appellant's writ petition claiming appointment against Class III post on compassionate ground under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as the Rules).
(3.) The brief facts giving rise to the present appeal is that the petitioner's father while working as Class IV employee in the Labour Department, died on 3rd January, 1997. At the time of death of his father, the appellant was below 18 years of age as his date of birth is 27.10.1980. He moved an application for compassionate appointment on 12.11.1998. The authorities having considered his request, offered him appointment against the post of Chowkidar, which is a Class IV post. The petitioner-appellant accepted the same by joining the post. However, subsequently he made a representation for giving him appointment against Class III post looking to his qualification. He claims that he is Intermediate passed with Hindi and English Typing and thus, fully eligible to be appointed against the post of Assistant Clerk which was also vacant in the office of the respondent. However, when the respondents did not consider his request, he approached this Court by filing Civil Misc. Writ Petition No. 43415 of 1998, which was disposed of vide order dated 15.1.1999 with the direction to the respondents to decide his representation in accordance with law. The said representation having been rejected by the Deputy Labour Commissioner vide order dated 1.5.1999, the appellant impugned the same in Civil Misc. Writ Petition No. 20978 of 1999 which has been dismissed by the judgment impugned in this appeal.;