STATE OF U P Vs. HARENDRA SINGH

JUDGEMENT

(1.) Heard learned counsel for the appellants and Sri Ravi Kant learned senior counsel assisted by Sri Tarun Agrawal for respondent no.1.

(2.) This intra Court appeal under the Rules of the Court has been filed by the State of U.P. challenging the judgment and order dated 28.5.2015 passed by Reservedlearned Single Judge allowing the writ petition filed by the petitioner-respondent no.1 and remitting the matter back to the authorities to consider the case of the petitioner for appointment on the post of Sub Inspector (Excise) under the U.P. Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974 afresh in accordance with law.

(3.) Facts are that father of petitioner-respondent no.1 late Khem Raj Yadav, who was working as Stenographer in the Excise Department, died in harness on 31.1.2008. Petitioner made an application for compassionate appointment on the post of Sub Inspector (Excise). His request for appointment on the said post was denied by the authorities on the ground that there is a ban on the compassionate appointment on the said post and as such he was offered the post of Junior Clerk. The petitioner after joining the post of Junior Clerk in pursuance of the order dated 27.3.2008 challenged the same alleging that in compelling circumstances he gave his consent on the post of Junior Clerk and has been discriminated by denying his claim on the post of Sub Inspector (Excise) against one Smt. Jyoti Singh who was given appointment on the post of Sub Inspector Excise under Dying-in-Harness Rules, 1974 after the death of her husband Shailendra Kumar Singh.