RAJESH MAHAJAN Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has sought a writ of certiorari for quashing advertisement no.1265/P-4/Stha/Gram Panchayat Adhikari-Bharti/2013-14 dated 04th September, 2013 whereby 16 vacancies of Gram Panchayat Adhikari in District Jhansi have been advertised. He has also sought a mandamus commanding respondent no.3 to consider him for appointment on the post of Gram Panchayat Adhikari.

(2.) The brief facts, not in dispute, are as under:

(3.) The petitioner's father was a Gram Panchayat Vikas Adhikari and died in harness on 12.6.2005 while posted in Development Block Month, District Jhansi. The petitioner applied for compassionate appointment under U.P. Recruitment of Dependents of Government Servants Dying in harness Rules, 1974 (hereinafter referred to as "1974 Rules"). He was appointed as a Junior Clerk in the pay scale of Rs.3050-4590 (now revised to Rs.5200-20200) against a supernumerary post since there was no vacancy in the office of District Panchayat Raj Office, Jhansi, vide order dated 24.4.2006. It clearly contemplates that supernumerary post shall continue till a vacancy on the post of Junior Clerk in the office, occur. Consequent to the appointment letter dated 24.4.2006, petitioner joined service and has been discharging duties since then. It is also pleaded that post of Gram Panchayat Adhikari were designated as "Multi Purpose Worker" and ceased to exist hence when petitioner was appointed, hence there was no vacancy of Gram Panchayat Adhikari and he was not appointed on the said post in 2006. However, it was revived vide Government Order dated 22.7.2004 and several persons were appointed/absorbed thereon. Some persons, who were appointed as Junior Clerk, applied for their absorption as Gram Panchayat Adhikari, which was allowed and granting parity, this Court in Writ Petition No.1094 of 2005 (SS) Braj Pal Singh and others Vs. State of U.P. & Others) also issued similar directions vide judgment dated 10.2.2005, which reads as under: