Court No. - 40
Case :- WRIT - A No. - 49102 of 2017 Petitioner :- Sumit Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Suphal Shukla,Afzal Ahmad Khan Durrani,Hemant Kumar,Jamal Ahmad Khan,Pradeep Kumar Keshri,Sharad Kumar Counsel for Respondent :- C.S.C.,Vrindavan Mishra
Hon'ble Dinesh Kumar Singh,J.
Father of the petitioner was appointed on the post of Driver by the respondent-authority on 18.5.1987 in the pay scale of Rs.330/- per month. This order was passed on temporary basis till further orders. Engagement of the father of the petitioner as Driver with the respondent-authority was discontinued on 15.7.1987. Thus, father of the petitioner worked only for two months with the respondent-authority. It appears that father of the petitioner along with twenty nine others filed a writ petition bearing no.15222 of 1987. The aforesaid writ petition, however, came to be decided after thirty years i.e. on 6.2.2017. It has been directed in the aforesaid order that claim of the petitioners for regularisation may be considered in case the Government Order dated 4.1.2011 was still in operation. The petitioner’s father, however, died on 18.10.2016. Even if the Government takes a decision to regularise the services of other petitioners, services of the father of the petitioner could not have been regularised because he died in the meantime. Therefore, no direction for regularisation of a dead person can be issued. The father of the petitioner worked only for two months with the respondent-authority and that too on temporary and ad hoc basis, therefore, the claim of the petitioner for giving him appointment on compassionate ground has no basis.
This writ petition is devoid of merit and substance is hereby dismissed.
Order Date :- 22.1.2019 Rao/-