SUBHASH CHANDRA AWASTHI Vs. SUB DIVISIONAL OFFICER JALALABAD

JUDGEMENT

(1.) HEARD learned counsel for the petitioner Sri L.P. Singh. The short facts involved in this writ petition are that the petitioner's father was an employee in the erstwhile department. He had expired when the petitioner was a minor. In due course of time vacancy fell in that department. The petitioner made an application before that department that since his father had died while in service, therefore, U. P. Recruitment of Department of Govt. Servants Dying in Harness Rules, 1974 was applicable. His application for appointment under those rules was favourably considered and he was granted appointment on 9-10-1991. Subsequently it was found that the Rules were not applicable and there was mistake in his appointment. Therefore, the appointment of the petitioner has been cancelled by the impugned order dated 6-1-1992 with the specific finding that the Harness rules were not attracted to the facts of the case inasmuch as the petitioner was not having the required qualifications. Hence this writ petition.

(2.) RULE-8 of the aforesaid RULEs indicates that a person will be eligible to be appointed in service while he is major at the time of death of an employee, ii means the day the application is moved claiming the benefits of the aforesaid rules the beneficiary should be a major. It is not possible to so interpret this RULE that a person who might subsequently attain majority can say that since his predecessor had died in harness, therefore, he should be given that appointment. This may be doing injustice to the post as well as injustice to the citizens who may be claiming that post on merits.

(3.) THIS writ petition is, therfore, dismissed summarily. Petition dismissed.