KRISHAN CHANDRA SHARMA S/O LATE RAM KRISHNA SHARMA Vs. STATE OF UTTAR PRADESH THROUGH PRINCIPAL SECRETARY (HOME) GOVERNMENT OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri H. C. Bisht, learned Counsel for the petitioner Smt. Beena Pandey, learned standing counsel for State of Uttar Pradesh on behalf of respondents No. 1 to 3 and Sri N. P. Shah, learned standing counsel for State of Uttarakhand on behalf of respondents No. 4 to 6. By means of this writ petition, the petitioner has prayed for the following reliefs:

(2.) The submission of the learned Counsel for the petitioner is that petitioner4s father late Sri Ram Krishna Sharma was expired on 24.07.1975 while serving as Constable in Civil Police posted at Bazpur, District - Udham Singh Nagar (at the relevant time District - Nainital). At the time of petitioner4s father death petitioner was one year old, consequently, there was no request from family of petitioner for providing appointment under Dying in Harness Rules. After passing intermediate examination from U.P. Board in the year 1991 and attaining the age of 18 years in the year 1992 petitioner applied for the post of Constable (Ministerial) under Dying in Harness Rules to the Police Department, Government of U.P. Petitioner furnished all the relevant information and document including certificate of educational qualification, physical standards and medical certificate of fitness issued by Chief Medical Officer, Pauri.

(3.) Petitioner was fully eligible for appointment to the post of Constable (Ministerial). Respondent No. 6 i.e. Senior Superintendent of Police, Nainital after satisfying himself about petitioner4s eligibility for the post of Constable (Ministerial) forwarded all the relevant documents to Deputy Inspector General of Police (Personnel) U.P. Police Headquarter, Allahabad vide letter dated 16.04.1993. Vide order dated 27.07.1995, petitioner was appointed on the post of Follower which is Class IV post in the Police Department. Petitioner having no experience and knowledge in this regard coupled with the urgency to get employment in the face of acute financial hardship was compelled to join the service offered by the Department.