SUNEEL KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Leave granted.

(2.) The father of the appellant who was working as Class-IV employee (Sweeper) at the Office of Vikas Khand Khutam, Jaunpur, U.P., passed away on 23/11/2016. An application came to be made by the appellant for being appointed under Rule 5 of The Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as 'the Rules of 1974'). Rule 5 reads as follows:-

(3.) The appellant is a graduate and also got computer literacy. He was offered a post of Sweeper, the post which was held by his late father. However, the appellant being so advised rejected the offer and did not join and gave his representation by which he expressed his disinclination to join, which effectively means that he rejected the offer. Thereafter, the appellant approached the Court which directed consideration of his representation. The respondents again rejected the request to accommodate the appellant in a Class-III post. It must be noted that the appellant specifically sought to be appointed as Gram Panchayat Officer, a post which is borne on the cadre of Class-III post. There is no dispute that the said post does not come within the purview of the Uttar Pradesh Public Service Commission contemplated under Rule 5. Therefore, the Rule in this regard was not an obstacle to the claim of the appellant. However, the respondents rejected the representation in keeping with their understanding of the words "suitable employment" in Rule 5. This again generated another writ petition. It is the said writ petition which finally culminated in the High Court holding against the appellant.