MOHD DANISH SIDDIQUI Vs. STATE OF U P

JUDGEMENT

(1.) The question Involved in both the appeals is similar and, therefore, they are being disposed of by a common order.

(2.) In Special Appeal No. 1337 of 1999 appellant Mohd. Danish Siddiqui's father was a constable who died on 25.10.1981 while he was still in service. The appellant was aged about 3 years at that time. The appellant's mother gave an application for giving appointment to the appellant under U. P. Recruitment of Dependants of Government Servants Dying-in-Harness Rules, 1974 (hereinafter referred to as the Rules) on 4.11.1997. It was stated in the application that the appellant had passed intermediate and knew Hindi typing and shorthand. It was prayed that the appellant may be appointed in the post of Sub-Inspector of Police. Ministerial (Steno) Instead of the post of constable (Ministerial). The claim of the appellant for being appointed on the post of Sub-Inspector of Police (Ministerial) was referred to the State Government as the application had been made more than five years after the death of his father. However, the State Government by its order dated 30.6.1999 rejected the prayer made by the appellant on the ground that the same was made more than five years after the death of his father. The writ petition filed by the appellant challenging the orders of the State Government was dismissed by a learned single Judge on 11.11.1999 on the ground that the appellant having made the application for compassionate appointment 17 years after the death of his father, he was not entitled to any relief.

(3.) In Special Appeal No. 1336 of 1999, the appellant Kaushal Kumar Misra's father was working as reserve Inspector of Police who died on 27.10.1980 while he was still in service. The appellant moved an application on 24.8.1998 stating that he was 31 years of age and had passed B.A. and being the eldest member of his family, he may be given appointment on compassionate ground under the Rules. The Superintendent of Police. Pilibhit, required the appellant to furnish some documents which he did. The appellant claimed that he may either be appointed as Sub-Inspector of Police or be appointed on the post of Stenographer. The appellant did not meet the prescribed physical standard for the post of Sub-Inspector and. therefore, the Superintendent of Police forwarded the application for consideration regarding the post of Stenographer. In due course, the application was forwarded from Police Head Quarter to the State Government which rejected the same by the order dated 30.6.1999 on the ground that the claim for compassionate appointment had been made more than five years after the death of father of the appellant.