HARENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner's father late Khem Raj Yadav was working as a Stenographer in the Excise Department. He died in harness on 31st January, 2008. The petitioner made an application for compassionate appointment on the post of Sub-Inspector Excise. However, his request for the said post was denied on the ground that there is a ban on compassionate appointment on the said post and he was offered the post of Junior Clerk vide order dated 27th March, 2008. A copy of the said order is on the record as Annexure-5 to the writ petition.

(2.) It is stated that in the compelling circumstances the petitioner gave his consent for appointment on the post of Junior Clerk. However, he found that in the case of late Shailendra Kumar Singh, Sub-Inspector Excise, who died in harness, his wife Smt. Jyoti Singh was appointed on the post of Sub-Inspector Excise under the U.P. Recruitment of Dependant of Government Servants Dying in Harness Rules, 1974.

(3.) The petitioner initially preferred this writ petition for a direction upon the respondents to appoint him on the post of Sub-Inspector Excise. Later on, by the amendment in the writ petition, a relief has been sought to quash the order dated 11th February, 2011, which was passed pending consideration of this writ petition, whereby his representation has been rejected on the ground that once the petitioner has accepted the offer to be appointed on the post of Junior Clerk, he cannot claim higher post of Sub-Inspector Excise. It is also mentioned in the order that the petitioner has no right to claim the post as a matter of right.