Sudhir Agarwal, J. - (1.) Heard Sri Sanjai Srivastava, Advocate, for petitioner; and, learned Standing Counsel and Sri Abhishek Kumar Dubey, Advocate, holding brief of Sri Sunil Kumar Misra, Advocate, for respondents.
(2.) This writ petition under Article 226 of Constitution of India has been filed by one Lallu Chaubey, son of Bansh Narain Chaubey, seeking a writ of mandamus directing respondents to pay balance service emoluments and arrears of salary to petitioner and to give appointment to petitioner's son on compassionate ground under Order 77 dated 03.08.1981 issued by U.P. State Road Transport Corporation (hereinafter referred to as "UPSRTC").
(3.) The case set up by petitioner is that he was appointed as Bus Conductor in UPSRTC on 19.11.1980 at Kashi Gramin Depot in District Varanasi. On the allegation that he was continuously absent from duty, a charge-sheet was issued, an ex-parte inquiry was conducted and thereafter punishment of 'Removal' was imposed upon petitioner by Regional Manager, UPSRTC, Varanasi vide order dated 30.09.1993. The aforesaid order of termination was challenged in Writ Petition No. 47917 of 1993 which was dismissed on the ground of alternative remedy of departmental appeal, vide judgment dated 23.12.1993. Thereafter petitioner preferred an appeal which was allowed and removal order was set aside. Appellate Authority by order dated 22.09.1994 directed for reinstatement of petitioner without salary for the period when he was not in service. Pursuant thereto, petitioner joined on 23.09.1994. Joining report is claimed to have been submitted in the Office of Regional Manager, UPSRTC, Varanasi on 23.09.1994. Petitioner claimed that he had suffered physical incapacity during the period he was out of employment and, therefore, was not able to discharge duties of Bus Conductor. He was directed to attend medical examination before Medical Board, Varanasi which was conducted on 10.10.1994 and 18.10.1994. Medical Board vide letter dated 18.10.1994 informed Regional Manager, UPSRTC, Varanasi that petitioner is unfit for rendering services of Conductor. Since petitioner was found unfit, his wife made representation claiming appointment in place of petitioner in view of Regulation 77. She also made representation to Sri Ram Naresh Yadav, Ex-Chief Minister, U.P. who made a recommendation to Managing Director, UPSRTC. Another recommendation in favour of petitioner's family was made by Sri Mahendra Nath Pandey, the then Minister, Panchayti Raj vide letter dated 01.12.1999. Consequently, UPSRTC Head Quarter sought detailed information from Regional Manager, UPSRTC Varanasi in the matter of petitioner's outstanding dues etc. vide letter dated 01.01.2000. Nothing happened thereafter. Petitioner himself submitted application for providing appointment to his son in his place but even thereafter no order was passed, hence the present writ petition was filed.;