SHRI RAM PANDEY Vs. SENIOR SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) By means of the present petition under Article 226, Constitution of India, Shri Ram Pandey (Petitioner) seeks to challenge order dated August 28, 1999 passed by Respondent No. 4/State of Uttar Pradesh through Secretary, Ministry of Home (Police Department), U.P. Government, Lucknow (Annexure-14 to the Writ Petition). No Counter-affidavit has been filed on behalf of the Respondents as yet even though copy of the petition was served on 17th May, 2000. The petition is listed for admission today. Considering the nature of the averments and that all the Respondents are represented, the petition is being finally decided at admission stage as contemplated under Rules of Court.

(2.) Heard Shri Prakash Padia, learned Counsel for the Petitioner and Shri J.P. Misra, learned Standing Counsel appearing on behalf of the Respondents.

(3.) As per averments in the petition, father of the Petitioner one Tribhuvan Pandey was posted as 'Diwan' in the Department of Police at Varanasi and he was working on substantive basis when he died on 12th June, 1978 while in active service. As per Para 3 of the petition. Petitioner (son of aforesaid Tribhuvan Pandey) was born after six months of the death of his father. The other two sisters of the Petitioner are already married; dates of their marriages have not been disclosed in Para 8 of the petition. Admittedly, Petitioner pursued his education and passed High School Examination in the year 1995 in II Division as stated in Para 4 of the petition. (Copy of High School Certificate annexed as, Annexure-1). In Para 5 of the petition it is stated that he passed Intermediate Examination in the year 1997 (copy of Certificate of Intermedate Examination filed as Annexure-2). He also completed Typing Training Course as per certificate enclosed as Annexure-3. He has been participating in 'Kabdddi, and Volley-ball as stated in Para 7 of the petition. From the documents annexed with the petition, it is the case of the Petitioner himself that he has good physique and fulfills all physical standards to make him available for being appointed in the Police Force in the State of U.P. According to the Petitioner his mother filed an affidavit along with applications representing to the concerned authority (Senior Superintendent of Police) for granting compassionate appointment to the Petitioner (Annexures-5, 6 and 7 to the Writ Petition) referred to in Paras 9, 10 and 11 of the petition on the basis of the said applications and the affidavit certain enquiries were made and reports obtained vide Paras 12 to 18 read with Annexures 8 to 13 of the petition since compassionate appointment was being sought after about 20 years of the death of his father. No relevant Government Order or material was referred to the State Government for approval. The State Government, however, vide its order dated 30th June, 1999 (as referred to in the impugned order dated 28th August, 1999, Annexure-14) rejected the application. Copy of the State Government Order dated 30th June, 1999 has not been annexed, neither there is anything on record that the Petitioner made effort to obtain copy of the order. I find no reason for giving direction to these authorities to supply copy of the same even though a prayer has been made for issuing a writ in the nature certiorari for issuing the same. Another prayer (as contained in the prayer clause) is for issuing a writ of. mandamus directing Respondents to bring on record the said order dated 30th June, 1999. In the body of the petition from Paras 1 to 35 there is no mention that Petitioner has not been able to obtain copy of the said order and is, thus, not in a position to annex a copy of the same.