Court No. - 37
Case :- WRIT - A No. - 6271 of 2018 Petitioner :- Shravan Kumar And Another Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Dharmendra Kumar Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
Heard learned counsel for the petitioners and the learned Standing Counsel appearing for the State- respondents.
By means of this writ petition the petitioners are seeking compassionate appointment on the post of Sub Inspector in Civil Police applying the rules upon the death of their father. The father of petitioner no.1 was a Head Constable, who unfortunately died on 30.10.2012 and the father of the petitioner no.2 was a Constable, who unfortunately died on 11.8.2014.
The claim of the petitioners is that they should be allowed to participate in the selection in accordance with the unamended Rules, 2008, whereas their claim for selection is being considered under the new Rules dated 19.8.2015. The petitioners are claiming benefit of the decision in the case of Vikrant Tomar and others Vs. State of U.P. and others (Writ Petition No. 59295 of 2015) dated 10.3.2017. The Police Department has now issued a Government Order dated 22.1.2018 which provides that all such applications for compassionate appointment, which were received in the Police Headquarter upto 18.8.2015, their claim would be considered under the old Rules of 2008 and all such applications, which were received in the Police Department after new rules came into force from, 19.8.2015, their claim would be considered under the new rules.
Admittedly, the petitioners' applications were received in 2017 and according to Government Order, their claims would be considered under the new rules.
It is to be noted that for compassionate appointment the dependent of an employee cannot choose particular post to be considered upon which they be appointed. The father of petitioner no.1 was a Head Constable and the father of petitioner no.2 was a Constable and on compassionate appointment why should they be considered on the post of Sub Inspector? In case the petitioners agree, their claim can be considered on Class-IV Post in the said Department, if they are otherwise eligible for appointment.
Considering the Government Order dated 22.1.2018, no relief can be granted to the petitioners as the said Government Order has not been challenged.
The writ petition is, accordingly, dismissed.
Order Date :- 27.2.2018 SKM