Court No. - 38
Case :- WRIT - A No. - 12243 of 2019 Petitioner :- Gaurav Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashwani Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's father was a Class-IV employee in Police Department and he died while in service on 12.1.2006. Petitioner submitted an application for grant of compassionate appointment in the year 2010. It appears that appointment was claimed on the post of Sub-Inspector (Ministerial). Petitioner's claim, however, was not considered at that stage.
It appears from the instructions that have been furnished by Sri Sharad Upadhyay, learned State Counsel, that petitioner submitted an application on 25.4.2016 for his claim to be considered for appointment on compassionate basis on the post of Constable. Petitioner's mother also gave an affidavit stating that she has no objection if claim of petitioner's son is considered for appointment to the post of Constable. Petitioner was directed to appear for the physical efficiency test in the year 2017 but the petitioner does not appear to have participated, instead, the petitioner kept his previous claim for appointment to the post of Sub-Inspector (Ministerial). As the petitioner's claim has not been considered, the petitioner has approached this Court.
Learned counsel for the petitioner submits that petitioner possesses requisite qualification for appointment to the post of Sub-Inspector (Ministerial), and that authorities are not justified in denying consideration to his claim.
From the materials that have been brought on record alongwitth instructions, it is clear that petitioner himself gave in writing his willingness to be considered for appointment to the post of Constable and petitioner's mother also gave her affidavit in that regard. Once petitioner had made such a request, he cannot be permitted now to state that his claim be considered on the post of Sub-Inspector (Ministerial) only. The insistence on part of petitioner to claim appointment on the post of Sub-Inspector (Ministerial) cannot be approved.
In the facts and circumstance of the present case, the authorities shall consider petitioner's claim for appointment to the post of Constable. The petitioner would be informed of the date for his appearance in physical efficient test and the petitioner undertakes to participate. The candidature of petitioner would be processed accordingly, expeditiously. The mere fact that petitioner had not participated earlier would not be a ground to deny consideration for appointment to the post of Constable.
With the aforesaid observations/directions, this writ petition stands disposed of.
Order Date :- 26.8.2019 Anil