RAKESH TIWARI, J. - (1.) HEARD Sri Anurag Khanna, learned counsel for the petitioner and Standing Counsel who has accepted notice on behalf of the respondents No. 1 to 4.
(2.) THE facts of the case in brief are that father of the petitioner, late Bijendra Pal Sharma was working as Constable in U.P. Police. He went missing with effect from 22.4.1991. A complaint was made by the grand father of the petitioner regarding missing of his son, Bijendra Pal Sharma at Police Station-Khatauli, District-Muzaffarnagar. An F.I.R. was lodged on 1.10.1991 in this regard which was registered as Case Crime No. 303 of 1991 under Section 364, IPC at Police Station-Khatauli, District Muzaffarnagar. On 26.1.1998 an application was moved by the mother of the petitioner before Superintendent of Police, Hardwar for providing compassionate appointment in place of his husband, Bijendra Pal Sharma who went missing, to one member of her family namely, the petitioner under Dying-in-Harness Rules. The Superintendent of Police, Hardwar vide order dated 31.5.1999 officially declared Bijendra Pal Sharma, father of the petitioner to have died after missing of seven years and issued direction for payment of pension, gratuity and other funds to the mother of the petitioner.
(3.) IT appears that on 5.7.2001 petitioner moved an application before the Superintendent of Police, Hardwar for his appointment under Dying-in-Harness Rules which was forwarded to the Superintendent of Police (Personnel), U.P. Police Headquarters at Allahabad.;