DINESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Mr. Ram Bali Tiwari, and Mr. U.S. Sahai, learned counsels for the petitioners as well as learned Standing Counsel.

(2.) MATTER relates to compassionate appointment on the demise of late Ram Chandra Pathak while in service. Both the petitioners are the claimants. Late Ram Chandra Pathak died on 20.05.2010 who was engaged on daily wage basis, as work charge employee. In his service book his date of birth is recorded as 01.09.1951, whereas he was appointed on 24.09.1991 at the age of about 40 years, his age was recorded on the basis of the certificate issued by the Chief Medical Officer, Faizabad. After his death his son Mr. Dinesh Kumar, petitioner of writ petition No.5131 (SS) of 2013 moved an application for compassionate appointment on the post of Junior Clerk on 24.03.2011 before the opposite party No.3. The committee was constituted for taking typing test. This Committee as well as the opposite party No.3 both took typing test of the petitioner one after another. Meanwhile, Mr. Ashok Pathak, petitioner of writ petition No. 1268 (SS) of 2012 grand son of the deceased also claimed his appointment on compassionate ground. Since son of the deceased Mr. Dinesh Kumar, has been seeking the appointment, the claim of Mr. Ashok Pathak was rejected by means of order dated 30.01.2012. The wife of the deceased also gave consent for appointment of Mr. Dinesh Kumar son of the deceased.

(3.) MR . Ashok Pathak through his writ petition has brought on record the pedegree of the family of Ram Chandra Pathak as well as their age, in which it is indicated that the deceased on the date of death was aged about 74 years, whereas the widow of the deceased is shown as 73 years. His elder son Mr. Raghuvendra Pathak is shown as about 51 years. Thus it is stated that deceased had already crossed his age of retirement, but any how he continued in service. Mr. Dinesh Kumar, has shown his age about 40 years and is working as an agent of Life Insurance Corporation of India and is earning Rs.20,000/ - per month. From the aforesaid facts it appears that since the deceased was working as daily wage, he was allowed to continue as such.