Court No. - 37
Case :- WRIT - A No. - 6961 of 2018 Petitioner :- Vandana Singh Respondent :- State Of U.P. And 02 Others Counsel for Petitioner :- Ram Chandra Solanki Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
This is a writ petition by which the petitioner is claiming compassionate appointment upon death of her father who was a Sub-Inspector in U.P. Police, whose death is stated to be a civil death as the petitioner's father was not heard or traced for the past seven and half years. Whether any declaration has been made by any competent authority or not is not clear from the writ petition.
It is submitted that the petitioner's mother applied for granting appointment to the petitioner and also made an application for granting appointment to her son too and, therefore, no orders have been passed and the petitioner's mother has been directed to furnish a no objection certificate of the other family members so that claim of the petitioner for compassionate appointment may be considered.
It is to be noted that under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 Rule 7 contemplates where more than one dependent has applied for appointment it is for the appointing authority to consider the suitability of the candidate and grant appointment. It is further to be noted that for compassionate appointment no post can be demanded by the candidate.
The writ petition is disposed of with the direction that in case the petitioner has valid documents with regard to death of her father, which is stated to have been declared death being civil death, the claim of the petitioner on any Class-IV post may be considered in accordance with law.
Order Date :- 27.2.2018 Sunil Kr. Gupta