Jayant Banerji, J. - (1.) This Special Appeal has been filed by the petitioner-appellant (Petitioner) to assail the judgment and order dated 17 April 2014 of a learned Judge of this Court in Writ-A No.22256 of 2014 ( Vishal Singh Vs. State of U.P and others) and for quashing the orders dated 31 July 2013 and 11 September 2013, passed by the Principal Secretary, Government of U.P. Lucknow and the Deputy Inspector General of Police (Establishment), Allahabad (DIG) respectively. A further relief that has been claimed is that the DIG should reconsider the claim of the petitioner for appointment under Rule 5 of The Uttar Pradesh Recruitment of Dependants of Government Servant Dying in Harness Rules, 1974 (Rules of 1974).
(2.) In the writ petition, it was stated that the father of the petitioner, late Abhimanyu Singh was posted in U.P. Police Department as Constable and he died while on duty in a road accident on 20 July 1991 leaving behind his widow Sheela Singh, two daughters and a son (petitioner). At the time of death of his father, the petitioner was only seven years old and his sisters were also minor. Therefore, they were not eligible for compassionate appointment and the mother of the petitioner is almost illiterate and after death of her husband, she became disturbed. After the petitioner attained the age of majority and after he completed the Intermediate course, the mother of the petitioner submitted an application before the Superintendent of Police, Maharajganj on 19 July 2004 with a request that appointment be provided to her son (petitioner) under the Rules of 1974. In pursuance thereof, a report was called for which was eventually forwarded by the DIG to the State Government with the recommendation. It is alleged that the State Government without considering the report of the Superintendent of Police rejected the application of the petitioner for compassionate appointment by means of order dated 2 February 2009 and, thereafter, the DIG also rejected the claim of the petitioner on the ground of delay in seeking appointment by means of his order dated 2 March 2009. This was communicated to the petitioner by the Superintendent of Police by means of a letter dated 20 March 2009.
(3.) It appears that thereafter, another application dated 20 May 2010 was submitted by the mother of the petitioner before the State Government, in pursuance of which a report was again sought for from the Superintendent of Police, and, after enquiry, a recommendation for appointment of the petitioner was again sent to the DIG. The DIG in turn, sent the report along with recommendation dated 11 April 2013 to the State Government. It is alleged that the State Government without considering the reports and recommendations again refused to grant relaxation in appointment for the petitioner by means of order dated 31 July 2013. After receiving the order of the State Government, the DIG also rejected the application of the petitioner by means of order dated 11 September 2013.;