B. Amit Sthalekar, J. - (1.) Heard Shri Ashok Khare, learned senior counsel assisted by Shri Siddharth Khare for the petitioners and Shri Piyush Shukla, learned standing counsel for the respondents.
(2.) The petitioners are seeking a direction to the respondents to hold physical efficiency test of the petitioners for the grant of compassionate appointment as Sub Inspector in the civil police. Subsequently by way of amendment, the petitioners have sought a writ of certiorari for quashing the order dated 11.8.2015 whereby the claim of the petitioners for appointment as Sub Inspector on compassionate ground through their representation 30.7.2015 has been rejected.
(3.) The facts of the case, in brief, are that Shri Vinod Kumar father of the petitioner no. 1 died on 9.9.2013 while posted as Constable, Shri Lakhan Singh, father of petitioner no. 2 died on 28.7.2010 while posted as Constable Driver, Shri Prem Bahadur Singh, father of petitioner no.3 died on 4.1.2010 while posted as Sub Inspector, Shri Bankey Lal, father of petitioner no. 4 died on 13.2.2014 while posted as Head Constable, Shri Madan Lal, father of petitioner no. 5 died on 10.9.2008 while posted as Constable, and Shri Virendra Kumar, father of petitioner no. 6 died on 15.8.2014 while posted as Head Constable. The petitioners submitted their applications seeking appointment on compassionate grounds on 24.10.2013, June, 2012, December, 2011, Jun, 2014, July 2014 and 3.9.2014 respectively. These applications were processed by the respective district authorities and thereafter forwarded to the Police Head Quarter, Allahabad for necessary action thereon. The petitioner no. 1 has a Bachelor of Technology Degree in Mechanical Engineering, petitioner no. 2 has a Bachelor of Commerce (Honors), the petitioner no. 3 has Bachelor of Technology Degree in Electrical Engineering and petitioners no. 4, 5 and 6 have Bachelor of Arts Degree. The applications of the petitioners were processed and after removing the shortcomings it is stated that the complete file relating to the petitioners were submitted to the Police Head Quarter, Allahabad by the District authorities on 17.6.2015, 11.3.2015, 27.2.2015, 27.2.2015, 12.11.2014 and 17.6.2015 respectively. It is stated that thereafter the physical efficiency test was fixed for 17.8.2015 to 19.8.2015, which was held with regard to some other persons who had applied for compassionate appointment but the petitioners were never given any information regarding the same. Thereupon the petitioners 3, 4 and 5 filed separate writ petitions seeking directions for permitting them to participate in the physical efficiency test. Writ petition no 41068 of 2015 (Prakash Singh Vs. State of U.P. and others) was filed by the petitioner no. 3, Petitioner no. 4 filed W.P. No. 41073 of 2015 (Vinay Kumar Vs. State of U.P. and others) and petitioner no. 5 filed W.P. No. 41067 of 2015 (Manoj Kumar Verma Vs. State of U.P. and others). All the above writ petitions were disposed of by the High Court by order dated 27.7.2015 and it was directed that the petitioners therein will be permitted to take part in the physical efficiency test which is scheduled to be held from 17.8.2015 to 19.8.2015. Similar order was passed in the case of petitioners no. 4 and 5. Petitioners no. 1, 2 and 6 did not file any writ petition. In pursuance of the order of the High Court dated 27.7.2015, the impugned order dated 11.8.2015 has been passed by the respondent no 3-D.I.G., Police (Establishment), Allahabad rejecting the petitioners' representation as well as the claim of the petitioners for appointment on compassionate ground.;