KAMLESH KUMAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Manoj Mishra, Advocate, representing the Petitioner and Sri S. K. Garg, learned Standing Counsel appearing on behalf of all the Respondent Nos. 1 and 2. Petition is finally decided at the admission stage as contemplated under 'Rules of Court' and also agreed by the learned Counsels for the parties.

(2.) One Shyam Narain Pandey (father of the petitioner) holding a Class HI post in a Department of Government of U.P. died on 29.6.1999. Petitioner applied for compassionate appointment, disclosing that he had passed Intermediate Examination, 1988 from U.P. Board. There is no explanation for the period between 1988 to June, 1999. Petitioner was given compassionate appointment under Dying in Harness Rules vide appointment letter dated 18.4.2000/ Annexure 6 to the Writ Petition mentioning that services of the Petitioner were absolutely temporary and liable to be terminated any time without prior notice. It also recited that Petitioner's services were initially on probation of one year. Petitioner accepted, along with above conditions, the offer vide said appointment letter (Writ Petition Annexure-6) without raising objection regarding recital in the appointment letter to the effect that his appointment-(i) on Class IV post was temporary and/or (ii) not in consonance with regard to his academic qualification which entitled him to an appointment on Class III post.

(3.) Vide Para 9 of the Writ Petition it is alleged that Petitioner filed representation dated 30.8.2000 as well as representations dated 22.9.2000, 9.11.2000, 7.3.2001 and 13.6.2001, filed as Annexures-7, 8, 9, 10 and 11 respectively. Petitioner remained contended for about 16 months (30-3-2001 till filing of Writ Petition) except for filing alleged representations and has now approached the Court by means of this Writ Petition. It may be noted that the Petitioner has failed to disclose as to how, when and in what manner alleged Representations were filed. Endorsement on it does not show who received it. Endorsement on Annexure-8 to Writ Petition shows that it is got received in some Complaint Cell.