Court No. - 36
Case :- WRIT - A No. - 17304 of 2014 Petitioner :- Sourabh Gupta Respondent :- Nagar Nigam Saharanpur Thru Nagar Ayukt And Another Counsel for Petitioner :- Suresh Chandra Dwivedi, ,Arpit Agarwal,Ashok Khare,Damodar Singh,Devendra Vikram Singh,Onkar Nath Vishwakarma,Praveen Kumar Counsel for Respondent :- C.K. Parekh,Jai Bahadur Singh, S.C., Shravana Kumar Yadav, Syed Fahim Ahmed
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondents.
The petitioner by means of present writ petition has assailed the order dated 03.03.2014 by which his appointment under Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 had been cancelled.
The father of petitioner was Clerk in Nagar Nigam, Saharanpur and he had died in harness on 20.11.2006. The petitioner was given compassionate appointment in place of his father.
It was revealed that the mother of petitioner was also employed as Clerk in District Hospital, Saharanpur. Thereafter, the services of the petitioner was terminated on the ground that the petitioner had obtained appointment by concealing material fact that she was not a government employee. The fact that the mother of petitioner was a government employee is not disputed by the petitioner. The only contention advanced by learned counsel for the petitioner is that there was no concealment on the part of the petitioner in obtaining the appointment and as such his appointment cannot be cancelled.
Since the mother of petitioner was in government employment and under Rule 5 of the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 where both the spouses are in government employment, in such event, no appointment can be made.
In view of the admitted position on record that the mother of petitioner was engaged in government employment and the controversy in hand is covered by the judgement of this Court in Writ-A No.35974 of 2016 (Vishal Vs. State of U.P. and 2 others), therefore, the present writ petition is dismissed.
Order Date :- 20.12.2021 SS