Siddharth, J. - (1.) Heard Sri Rajesh Mishra, learned Counsel for the petitioner and Shri Kant Shukla, learned Counsel for the respondents.
(2.) The petitioner has filed above noted writ petition, praying for quashing of the order dated 7.09.2013, passed by Managing Director, U.P. State Food & Essential Commodities Corporation Ltd., whereby the application of the mother of the petitioner, praying for appointment of the petitioner on compassionate basis, after the death of his father in harness has been rejected. Further prayer has been made for direction to the respondent no.2 for consideration of the appointment of the petitioner under the dying in harness rules.
(3.) The brief facts of the writ petition are that the father of the petitioner, late Ambrish Kumar Saxena, died in harness on the post of Seasonal Marketing Inspector on 05.12.2006, after working of more than 23 years in the Corporation aforesaid. The petitioner at the time of the death of his father was minor and his mother, on account of ill health did not applied for appointment on compassionate basis. The mother of the petitioner, Smt. Kavita Saxena, applied for compassionate appointment of the petitioner in the year 2013, after he attained majority and passed Intermediate Examination since the family was still in penurious state. By the impugned order dated 07.09.2013, the Managing Director of the aforesaid Corporation has rejected the application made by the mother of the petitioner, on the ground that the father of the petitioner was employed as Seasonal Haat Inspector and there is no provision of appointment of the dependents of seasonal employees on compassionate basis. The petitioner has brought on record the order dated 11.02.2014, passed by the Managing Director of the Corporation aforesaid, whereby, on the death of another Seasonal Haat Inspector, Sri Pramod Kumar Saxena, in harness, his wife, Smt. Manju Saxena, was given appointment on compassionate basis. Similarly, on the death of Sri Netra Ballabh, who was also a seasonal employee and died in harness, his son, Sri Gaurav Kaloni was given compassionate appointment, by the order dated 10.01.2014. However, the petitioner has been denied appointment on the ground that there is no provision for giving appointment to the dependents of the deceased, seasonal employee.;