Irshad Ali, J. - (1.) Heard learned counsel for the petitioner and to the learned Additional Chief Standing Counsel for the respondent nos. 1 to 5.
(2.) By means of the present writ petition, the petitioner is challenging the order dated 15.3.2018, passed by the respondent no.3 and the communication order dated 22.3.2018, passed by the respondent no.4, whereby the claim of the petitioner for grant of appointment on the post of Sub-inspector (Civil Police) has been turned out and direction has been issued giving consent for the appointment of the petitioner as constable or Class-IV post.
(3.) The father of the petitioner was holding the post of Constable (Civil Police) in District Gonda, who died while in service on 29.10.2008. The qualification of the petitioner is Bachelor of Arts (B.A) from a recognized university and applied for the appointment under the Dying-in-Harness Rules on compassionate grounds, vide application dated 30.11.2012. The petitioner belongs to O.B.C category. After submission of application by the petitioner, verification was done from the Local Intelligence Unit, Mau, in regard to the educational qualification of the petitioner, on completion of verification of the educational certificates and character certificate of the petitioner, a letter was sent to the petitioner on 1.4.2016, for physical examination at Police Lines, Lucknow, on 6.4.2016. The petitioner participated in the physical examination and was declared successful on 6.4.2016. The name of the petitioner finds place in the result declared by the respondent at Serial No.320. The petitioner has been informed to appear in the written examination, vide letter dated 25.6.2016. The petitioner and similarly situated candidates instead of participating in the written examination filed a writ petition before this Court at Allahabad, the Writ Petition No.25229 of 2016 was filed by the petitioner was connected along with the record of the Writ Petition No.15724 of 2016. The writ petition was decided on 10.3.2017 by extending the benefit of the order passed in leading Writ Petition No.59295 of 2015, whereby this Court held that since the claim of the petitioner and other candidates are prior to the enforcement of the Rules of 2015, therefore, the amended Rule will not be applicable to the case of the petitioner and other similarly situated candidates.;