ARPIT SHUKLA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned standing counsel for the State-respondents and Sri Manu Saxena, learned counsel for the respondent nos. 4 and 5.

(2.) Present petition has been filed with the following prayers:-

(3.) Brief facts of the case are that father of petitioner was working as Class-IV employee at Nagar Palika Parishad, Faridpur, Bareilly. During the course of service, father of petitioner died on 31/7/2022. After his death, petitioner has submitted an application for appointment as Class-III employee on compassionate ground, which was rejected. His appointment has not been considered, therefore, petitioner has filed an application before the District Magistrate upon which ADM has sought instruction from the respondent no.4, which was replied by him vide impugned letter dtd. 26/9/2023. In the said letter, it is mentioned that no post is vacant for Class-III employee and further in light of Government Order dtd. 17/6/2014, dependent of deceased has no right to claim particular position or place and it is the discretion of appointing authority to pass appropriate order warranted in the facts and circumstance of the case. Though, the letter dtd. 26/9/2023 was not communicated to petitioner, but coming to know that his claim has been rejected at the end of respondent No. 4 vide letter dtd. 26/9/2023, he has challenged the same by filing present petition.