- (1.) HEARD Sri C. B. Pandey as­sisted by Sri Rohit Tripathi, learned counsel for the petitioner and learned Standing Coun­sel for the respondents.
(2.) THOUGH this matter has come up before this Court on the application made by peti­tioner seeking an interim relief but since counter and rejoinder affidavits have already been exchanged and the time which would have taken for disposal of interim application would be the same for disposal of writ peti­tion, I have heard learned counsel for the par­ties on merits of the writ petition itself at this stage under the Rules of the Court. The short controversy involved in this case is whether a person who has been granted appointment on compassionate basis and who has joined and working on the said post can subsequently ask the employer to reconsider his claim for compassionate appointment on another post?
(3.) THE petitioners' fathers were working on the post of Gram Panchayat Adhikari/Assistant Development Officer (Panchayat) in Pachayat Raj Department. On account of their death in harness the petitioners applied for appointment on compassionate ground in ac­cordance with U.P. Government Servants (Dying in Harness) Rules, 1974 (hereinafter referred to as the "1974 Rules"). They claim that since the cadre of Gram Panchayat Vikas Adhikari was declared a 'dying cadre' vide Government Order dated 22-6-1998, instead of appointing them on the post of Gram Panchayat Vikas Adhikari, the Zila Panchayat Raj Adhikari, Bareilly appointed them on the post of Junior Clerk in the pay scale of Rs. 3050-4590 against supernumerary posts. The orders of appointment of petitioners have been placed on record collectively as Annex-ure-2 to the writ petition. A perusal thereof shows that the petitioners No. 1 to 5 were appointed by District Panchayat Raj Adhikari on the post of Junior Clerk vide orders dated 1-3-2001, 30-6-2003, 3-7-2003, 13-10-2003 and 15-6-2006. Petitioner No. 6, however, has been appointed as Junior Clerk by the Re­gional Deputy Director, Panchayat vide or­der dated 21-6-2002. It is said that subse­quently vide Government Order dated 20-7-2004 the State Government's earlier decision was modified and the cadre of Gram Panchayat Vikas Adhikari was revived. The petitioners thereafter contending that they were entitled to be considered for giving com­passionate appointment on the post of Gram Panchayat Vikas Adhikari in view of the sub­sequent events, approached this Court in Writ Petition No. 9501 (SS) of 2006. In the mean­time a similar controversy in another Writ Petition No. 1094 (SS) of 2005 of five other petitioners, who also claim a similar relief, came to be considered Before this Court and thesaid writ petition was disposed of on 10-2-2005 by a Hon'ble Single Judge directing that the case of petitioners in that case be considered by the opposite parties for appointment/absorption on the post of Gram Panchayat Vikas Adhikari against the exist­ing post. Consequently, the earlier writ peti­tion of the present petitioners was also dis­posed of by this Court vide judgment dated 24-1-2007 in the same terms contained in the judgment of Writ Petition No. 1094 (SS) of 2005; Pursuant thereto it appears that the pe­titioners made representation dated 1-2-2007 before the District Panchayat Raj Officer, Bareilly claiming for absorption against the vacant posts of Gram Panchayat Vikas Adhikari and another representation dated 23-6-2007 in the same terms was also made to Director, Panchayat Raj, U.P., Lucknow. The petitioners also pointed out that one Sri Hariom Rastogi, Gram Panchayat Adhikari posted at Development Division, Bareilly died on 10-9-2006 and his son Sri Mukesh Rastogi thereafter was appointed under 1974 Rules on the post of Gram Panchayat Adhikari in the pay scale of Rs. 3050-4590. The peti­tioners, thus claim that similarly they were also entitled to be appointed/absorbed as Gram Panchayat Adhikari. After receiving the representation of the petitioners, the Direc­tor, Panchayat Raj sought certain details of those who were given appointment as Junior Clerk against supernumerary posts under 1974 Rules and pursuant thereto the District Panchayat Raj Adhikari, Bareilly vide letter dated 22-1-2007 furnished the entire details to the Director, Panchayat Raj. A perusal thereof shows followings details about all the present petitioners : A. Sri Surendra Pal Singh, father of peti­tioner No. 1 was working as Gram Panchayat Adhikari and died on 21-7-1999. Conse­quently, the petitioner No. 1 was appointed as Junior Clerk against supernumerary post by appointment letter dated 1-3-2001. B. Sri Nathu Lal Gangwar, father of peti­tioner No. 2 was working as Assistant Devel­opment Officer (Panchayat) and died on 6-2-2003. Consequently, the petitioner No. 2 was appointed as Junior Clerk against supernu­merary post by appointment letter dated 30-6-2003. C. Sri Dori Lal Gangwar, father W peti­tioner No. 3 was working as Assistant Development Officer (Panchayat) and died on 7-5-2003. Consequently, the petitioner No. 3 was appointed as Junior Clerk against supernu­merary post by appointment letter dated 3-7-2003. D. Sri Hari Shanker Saxena, father of pe­titioner No. 4 was working as Assistant Development Officer (Panchayat) and died on 28-3-2003. Consequently, the petitioner No. 4 was appointed as Junior Clerk against su­pernumerary post by appointment letter dated 13-10-2003. E. Sri Hemraj Sagar, father of petitioner No. 5 was working as Gram Panchayat Adhikari and died on 26-12-2003. Conse­quently, the petitioner No. 5 was appointed as Junior Clerk against supernumerary post by appointment letter dated 15-6-2006. F. Sri Dhanpal Singh father of petitioner No. 6 was working as Gram Panchayat Adhikari and died on 9-10-2001. Conse­quently, the petitioner No. 1 was appointed as Junior Clerk against supernumerary post by appointment letter dated 21-6-2002.;