VIJAY PRAKASH SWARNKAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner's father was working as the Junior Engineer in Nagar Palika Parishad, Hathras, died in harness on 06.06.1983. An application was filed for appointment under the Dying-in-Harness rules, since no decision was taken, the petitioner approached this Court by filing Writ Petition No. 10307 of 1991 (Vijay Prakash Swarnkar Versus State of U.P. and others) which was disposed of on 04.04.1991 directing the respondents to offer suitable appointment to the petitioner. Pursuant to the order of the Court, the petitioner was appointed as a clerk on non centralized post on 30.03.1992. Thereafter, the petitioner moved a representation on 29.06.2000 for appointment on the post of Executive Officer Class II, a post in the centralized service, thus claiming parity with other employees appointed directly on the post of centralized service, namely Kumari Roli Gupta as section officer, Smt. Vijay Laxmi Singh as Tax Superintendent, Sri Virendra Kumar Srivastava as executive officer and Sri Amit Kumar Chaturvedi as executive officer class II.

(2.) It is further contended that the Chairman, Nagar Palika Parishad, District Magistrate Hathras, and Commissioner, Agra Division, Agra, recommended to the appropriate authority, namely, Principal Secretary Nagar Vikas Vibhag Lucknow and Directorate Local Bodies Lucknow for considering the case of the petitioner for appointment in the centralized service on the post of executive officer class II under the Dying-in-Harness rules and finally the Additional District Magistrate by letter dated 03.09.2013, addressed to the Under Secretary Nagar Vikas Anubhag, Lucknow, forwarded the report of the Executive Officer, Nagar Palika Parishad, as required by the State Government, for appointment/regularization of the petitioner on the post of executive officer class II.

(3.) The petitioner has approached this Court seeking a direction to the respondent no. 2 Under Secretary Nagar Vikash Anubhag Lucknow to pass appropriate orders upon the recommendation of the Additional District Magistrate, Hathras dated 03.09.2013 and a further direction has been sought to appoint the petitioner on the post of executive officer grade II under centralized service.