(1.) All these four petitions involve common questions of law and facts and, therefore, as agreed by learned Counsel for the parties they are being decided by this common judgment under the Rules of the Court at this stage.
(2.) In Writ Petition No. 56092 of 2009 four petitioners have come up to this Court under Article 226 of the Constitution of India seeking a writ of mandamus commanding the respondents to permit the petitioners to appear afresh in physical examination for compassionate appointment as Sub-Inspector (Civil Police) and to discard the result of the physical examination of petitioners held on 26/27.8.2009 and to declare the same of no legal consequences.
(3.) That facts in brief as borne out from the writ petition are that the father of the petitioners were permanent members of Police Force of the State of U.P. The fathers of petitioners No. 1, 2 and 4 were employed as Sub-Inspector (Civil Police) while the father of petitioner No. 3 was Head Constable. The petitioners' fathers died-in-harness on 18.6.2004; 10.11.2006; 8.2.2005 and 16.6.2005 respectively. The petitioners possess the requisite qualification necessary for appointment to the post of Sub-Inspector, approached the respondents for giving them compassionate appointment as Sub-Inspector (Civil Police). Initially the respondents pursuant to resolution passed by the Special Recruitment Board constituted by the Director General of Police, decided not to make any appointment on the post of Sub-Inspector under the provisions of U.P. Recruitment of Dependants of Government Servant (Dying-in-Harness) Rules. 1974 (hereinafter referred to as the "1974 Rules") but the said resolution having been struck down by this Court in Writ Petition No. 4746 of 2008, Mukesh Shukla and Ors. v. State of U.P. and Ors. connected with Writ Petition No. 63543 of 2008, Amit Chaudhary v. State of U.P. and Ors. decided on 7.8.2009, the respondents decided to consider the claim of petitioners for compassionate appointment and accordingly call letters were issued through special messenger. A call letter dated 17.8.2009 for appearing for physical test on 26.8.2009 was received by the petitioner No. 1 on 22.8.2009. Similar letter dated 16.8.2009/20.8.2009 was received by petitioner No. 2 on 22.8.2009. The petitioner No. 3 received call letters dated 12.8.2009 and 19.8.2009 on 22.8.2009 and petitioner No. 4 received call letter dated 18.8.2009 on 22.8.2009.