RAJESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) In the present writ petition, the petitioner has sought writ of mandamus commanding the respondents to consider the case of the petitioner to appoint him on regular basis as a permanent employee and to declare appointment letter dated 18.2.1997 passed by Superintending Engineer, Flrozabad circle, P.W.D., Agra, as cancelled by which the petitioner was appointed as a 'Beldar' on daily wage.

(2.) Heard Sri Dharmesh Chaturvedi, learned counsel for the petitioner as well as Sri B.K. Pandey. learned standing counsel for the State. No counter and rejoinder-affidavits have been filed, however, as agreed by the parties this petition is being decided finally at this stage according to the Rule 2 of Chapter XXII of the Allahabad High Court Rules, 1952.

(3.) The brief facts necessary for adjudication of the case are that the petitioner's father late Nathu Ram had worked initially as work charge employee in construction Division, P.W. D., Flzorabad but later on was regularised by order dated 14.2.1996 of Superintending Engineer. Agra/ Firozabad circle, P.W.D., Agra, however, as on irony of fate, he died six days later, i.e., on 20.2.1996 and an application on behalf of the petitioner/son has been filed before the concerned authority seeking employment on the compassionate ground under U. P. Recruitment of Dependents of Government Servants Dying in Harness Rule, 1974 (hereinafter referred to as the 'Rule 1974'). When the request of the petitioner was not acceded to, the petitioner filed Writ Petition No. 3441 of 1997 (Rajesh Kumar v. Superintending Engineer and Anr.) before this Court and this Court by its order dated 28.1.1997 has been pleased to dispose of the same with direction to the respondents to decide the case of the petitioner within a stipulated time. In compliance to the above order, the petitioner was given appointment to the post of 'Beldar' on daily wage by order dated 18.2.1997 of Superintending Engineer on compassionate ground under the above 'Rule 1974'.