RAJNISH KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Om Prakash Singh, learned counsel for the petitioner as well as learned Standing counsel for the opposite parties.

(2.) It has been submitted by learned counsel for the petitioner that father of the petitioner late Jagdish Prasad Verma, who was the only earning member of the family, died in harness on 31/7/2012 while working on the post of 'Sangrah Chaprasi (Collection Peon) at Tehsil Mohammadi, District Lakhimpur Kheri. After death of his father the petitioner preferred representation to the opposite parties for being appointed on compassionate ground under Dying in Harness Rules, 1974. In pursuance of the application preferred by the petitioner the petitioner was appointed by means of order dtd. 31/5/2013 on the post of Sangrah Anusewak (Collection Peon) which is a class IV post. The petitioner has been continuously working on the said post since 2013.

(3.) In the present petition the petitioner is seeking promotion to the post of Sangrah Amin (Collection Amin) which is a class III post from the date of his initial appointment. In effect it is case of the petitioner that the petitioner was in fact qualified for being appointed on class III post but the opposite parties in a most illegal and arbitrary manner have appointed him on class IV Post. It is stated that there was a recommendation by the Additional District Magistrate, Kheri for appointing him on a class III post but ignoring the said recommendation the petitioner has been appointed on class IV post though the petitioner could not show any provision or rule by which he could have been appointed on a class III post considering the fact that his father died in harness while working on class IV post.