RAJ KUMAR Vs. THE STATE OF U.P. AND ORS.
LAWS(ALL)-2011-5-493
HIGH COURT OF ALLAHABAD
Decided on
May 16,2011
RAJ KUMAR
Appellant
VERSUS
The State of U.P. and Ors.
Respondents
Referred Judgements :-
PANKAJ SWAMI V. VICE CHANCELLOR [REFERRED TO]STATE OF J AND K V. SAJJAD AHMAD MIR [REFERRED TO]
SUSHMA GOSAIN VS. UNION OF INDIA [REFERRED TO]
LIFE INSURANCE CORPORATION OF INDIA VS. ASHA RAMCHHANDRA AMBEKAR MRS [REFERRED TO]
UMESH KUMAR NAGPAL ANIL MALIK VS. STATE OF HARYANA [REFERRED TO]
STATE OF HARYANA VS. NARESH KUMAR BALI [REFERRED TO]
STATE OF RAJASTHAN VS. UMRAO SINGH [REFERRED TO]
STATE OF HARYANA VS. RANI DEVI [REFERRED TO]
SURYA KANT KADAM VS. STATE OF KARNATAKA [REFERRED TO]
STATE OF U P VS. NEERAJ AWASTHI [REFERRED TO]
JUDGEMENT
V.K. Shukla, J. -
(1.)PETITIONER has rushed to this Court for issuing writ in the nature of mandamus commanding the Respondents to forthwith accord reconsideration to the Petitioner's appointment as Sub Inspector in Civil Police, pursuant to communication dated 13.6.2009 of Deputy Inspector General of Police (Establishment) U.P. Police Headquarter, Allahabad.
(2.)BRIEF background of the case is that father of the Petitioner Late Raghuveer Singh expired in the year 2005, on 23.3.2005, while he was on duty. On account of the death of father of the Petitioner, the Petitioner became entitled to grant of compassionate appointment in accordance with 1974 Rules, governing grant of compassionate appointment. The Petitioner is Graduate (B.A.). The Petitioner being fully qualified and eligible for appointment, applied for grant of compassionate appointment in Civil Police before the Respondents authorities, the said application was made by the Petitioner on 11.5.2007. The application of the Petitioner for appointment on compassionate ground was forwarded by the then Senior Superintendent of Police, Agra to the Respondent No. 3, the DIG Establishment, U.P. Police Headquarter, Allahabad, for consideration for appointment however the Petitioner was not accorded any consideration for appointment in Civil Police. The Respondent authorities appointed the Petitioner vide order dated 11.10.2008 passed by the DIG Establishment U.P. Police Headquarters, Allahabad communicated vide order dated 12.11.2008, passed by the Senior Superintendent of Police, Agra on the post of Constable, in Civil Police. Petitioner joined thereafter and had been performing and discharging his duties.
Petitioner has tried to contend before this Court that Government Order dated 20.9.2006 and 25.6.2007 which prohibits making compassionate appointment on the post of Sub Inspector was quashed by this Court in Civil Misc. Writ Petition No. 4746 of 2008 on 7.8.2008. Petitioner has stated that in such a situation and in this background he ought to have been offered appointment following the same principle.
(3.)SRI Vijay Gautam, Advocate, learned Counsel for the Petitioner contended with vehemence that when two Government Orders have been set aside by this Court, then Petitioner's claim is liable to be reconsidered on the post of Sub Inspector.
(2.)BRIEF background of the case is that father of the Petitioner Late Raghuveer Singh expired in the year 2005, on 23.3.2005, while he was on duty. On account of the death of father of the Petitioner, the Petitioner became entitled to grant of compassionate appointment in accordance with 1974 Rules, governing grant of compassionate appointment. The Petitioner is Graduate (B.A.). The Petitioner being fully qualified and eligible for appointment, applied for grant of compassionate appointment in Civil Police before the Respondents authorities, the said application was made by the Petitioner on 11.5.2007. The application of the Petitioner for appointment on compassionate ground was forwarded by the then Senior Superintendent of Police, Agra to the Respondent No. 3, the DIG Establishment, U.P. Police Headquarter, Allahabad, for consideration for appointment however the Petitioner was not accorded any consideration for appointment in Civil Police. The Respondent authorities appointed the Petitioner vide order dated 11.10.2008 passed by the DIG Establishment U.P. Police Headquarters, Allahabad communicated vide order dated 12.11.2008, passed by the Senior Superintendent of Police, Agra on the post of Constable, in Civil Police. Petitioner joined thereafter and had been performing and discharging his duties.
Petitioner has tried to contend before this Court that Government Order dated 20.9.2006 and 25.6.2007 which prohibits making compassionate appointment on the post of Sub Inspector was quashed by this Court in Civil Misc. Writ Petition No. 4746 of 2008 on 7.8.2008. Petitioner has stated that in such a situation and in this background he ought to have been offered appointment following the same principle.
(3.)SRI Vijay Gautam, Advocate, learned Counsel for the Petitioner contended with vehemence that when two Government Orders have been set aside by this Court, then Petitioner's claim is liable to be reconsidered on the post of Sub Inspector.
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