SURYA NATH PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner whose services have been terminated by the impugned order dated 23rd February, 1984 (Annexure-4) was appointed as a Lekhpal in place of his father, Ram Nay an Pandey who was, as stated in para 1 of the petition, murdered on 14th July, 1982, while in service as Lekhpal.

(2.) THE petitioner has challenged the impugned order on various grounds including that he having been appointed on compassionate grounds under the provisions of the U. P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, his services could not have been terminated on the ground that he was an untrained Lekhpal particularly when there was an order no. 67-1/1/75-597-Ra-9 dated 24-4-80 issued by the Government which required that a special examination would be held for such dependents in order to regularise their service. This was reiterated in BO. No. 10953/4-58/78 dated 17-8-83.

(3.) IT may be, mentioned that the aforesaid rules have over-riding effect as mentioned in Rule 4 and, as provided by Rule 5 the State Government would be competent to give an appointment to a dependent of the government servant dying in harness, in relaxation of the normal recruitment rules. The only requirment is that the said dependent fulfils the educational qualification prescribed for the post. IT is not disputed that the petitioner possesses the requisite educational qualification.