JAGAT PAL Vs. STATE OF U P

JUDGEMENT

(1.) By means of this writ petition, the Petitioner has prayed for issuing a writ of certiorari quashing the impugned reply/order dated 17.4.2010 sent/passed by Respondent No. 3 with the further prayer to direct the Respondents to provide appointment to the Petitioner under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules 1974 (herein after referred to as Rules of 1974), within specific period.

(2.) The facts giving rise to this case are that the father of the Petitioner late Radhey Shyam was confirmed Class IV Employee with the Respondents and he expired in harness on 21.11.2007. Initially the father of the Petitioner was issue less therefore through registered adoption deed he adopted the Petitioner on 25.2.2004, copy of adoption deed has been brought on record as Annexure No. 2 to the writ petition. After the death of father, the Petitioner has applied for appointment on compassionate ground on 3.12.2007 under the Rules of 1974 but nothing was done. The Petitioner has sent thereafter number of reminders on 15.2.2008,28.2.2008 and 16.7.2008, copy of the application as well as reminders have been brought on record as Annexure No. 4 to the writ petition.

(3.) It is stated in paragraph No. 7 of the writ petition that the Petitioner has obtained succession certificate on 14.2.2008, copy of which has been brought on record as Annexure No. 3 to the writ petition.