- (1.) Heard learned counsel for the petitioner and the learned Standing Counsel.
(2.) By means of this writ petition, the petitioner has challenged the order dated 05.11.2008 passed by opposite party no.2-Inspector General of Police/ Director (Telecom), U.P. Police Radio Headquarter, Mahanagar, Lucknow, whereby, petitioner's selection/ candidature for appointment made vide order dated 17.10.1988 has been declared void ab-initio.
(3.) Brief facts of this case are that father of the petitioner late Dasrath Singh, who was working on the post of Assistant Operator in Police Radio Section, Police Line, District Azamgarh met with an accident and died in harness on 06.09.1969. At the time of death of his father, petitioner was only 14 months old. Since, the petitioner at the time of his father's death was minor, therefore, on attaining the age of majority, he submitted an application for compassionate appointment in the year 1986 under U.P. Recruitment of Dependents of Government Servants (Dying-in-Harness) Rules, 1974 (in short '1974 Rules') and thereupon, after consideration, the State Radio Officer (Eastern Zone), U.P. Police Radio Headquarter, Lucknow vide letter dated 31.12.1986 informed the petitioner that he was not eligible for being appointed on the post of Workshop Hand due to not having required minimum age of 20 years. The petitioner on attaining the minimum required age, again submitted an application/ representation for his compassionate appointment against the vacant post of Workshop Hand and the opposite party no.2 after getting necessary required permission from the competent authority, selected the petitioner on compassionate ground for the post of Workshop Hand. Vide letter dated 07.10.1988, the petitioner was required to appear for medical examination. After medical examination, the petitioner was issued appointment order dated 17.10.1988 by opposite party no.2 for appointment on the post of Workshop Hand against the substantive vacancy in the pay scale of Rs.330-495 along with other admissible allowances and was posted in the Central Workshop, U.P. Police Radio Headquarter, Mahanagar, Lucknow. The petitioner in pursuance of the appointment order dated 17.10.1988, joined his services on 18.10.1988. After due course of time, the petitioner was promoted on the post of Assistant Operator vide order dated 05.07.1996 and posted at Police Radio Section, Police Line, District Azamgarh. Thereafter, the petitioner was again promoted as Head Operator vide order dated 22.08.1999 issued by opposite party no.3-Deputy Inspector General of Police (Establishment), U.P. Police Headquarter, Allahabad.;