BITHOORI LAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri A. C. Verma. learned counsel for the petitioner, learned standing counsel for respondent No. 1, and Sri Mehbood Ahmad Siddiqui. holding brief of Sri I. M. Khan, representing respondent No. 4. Sri R. K. Saxena, Advocate, representing respondent Nos. 2 and 3 is not present.

(2.) Petitioner, belonging to Scheduled Caste, was working as Clerk-cum-typist in the Nagar Palika, Fatehpur since 1984. On September 17. 1992 one Mansoor Ahmad, holding post of the Stenographer in the said Nagar Palika, died living behind his widow Smt. Zahlda Khatcon, who has been, admittedly, employed at the relevant time as will be evident from perusal of para 11 of the writ petition as well as para 21 of the counter-affidavit, sworn by Mohd. Arif Mansoor, respondent No. 4.

(3.) The petitioner claims that the post of Stenographer held by deceased Mansoor Ahmad was in the promotional quota In the relevant rules no particulars given but respondent No. 4 (son of the aforementioned deceased Mansoor Ahmad) was appointed on compassionate ground under Dying-in-Harness Rules, 1974 and copy of which has been filed as Annexure-2 to the writ petition. In para 10 of the writ petition it is stated that appointment letter in favour of respondent No. 4 was anti-dated to make it appear as on 1.10.1992 even though petitioner had already taken over the charge on the post in question on September 19. 1992 and hence the post was not vacant at all when respondent No. 4 was allegedly Issued appointment letter.