STATE OF U P Vs. SACHIN KUMAR

JUDGEMENT

(1.) HEARD Sri Piyush Shukla, learned Standing Counsel and Sri O.P.Singh, learned counsel appearing on behalf of the respondent.

(2.) THE dispute relates to the compassionate appointment in police department. The father of the respondent, who was Constable in the police department died in harness on 28.08.2005. The respondent moved an application on 16.10.2008 stating therein that now he has become major and he being the dependent of the deceased father, requested for the compassionate appointment on the post of Constable. Further it may be mentioned here that in the said application he has not stated anything about the financial crises and the appointment has not been sought on the ground that he and has family are running in financial crises. Subsequently, the respondent moved another application on 01.08.2011, which was acknowledged on 03.08.2011, claiming compassionate appointment on the post of Sub Inspector stating therein that he is now eligible to be appointed on the post of Sub Inspector. This application was beyond five years, from the date of death of the deceased employee. D.I.G. (Establishment) wrote a letter dated 16.10.2011 to the Superintendent of Police, Rampur stating therein that since the respondent has completed his Graduation and attained the age of 21 years, after five years from the date of death of the deceased employee, he is not entitled for the compassionate appointment on the post of Sub Inspector. It is further stated that in case, if the respondent is interested on compassionate appointment on the post of Constable, necessary application be obtained in this regard. Against the said order, the respondent filed Writ Petition No.5640 of 2012, which has been disposed of on 01.02.2012with the following observation :

(3.) THEREAFTER , the respondent filed Contempt Petition No.2307 of 2012. Against the order dated 01.02.2012, the respondent filed Special Appeal No.(770) of 2012, which has been registered with regular Special Appeal No.100 of 2015. In the said Special Appeal, no interim order has been passed. Meanwhile on 11.04.2013, the D.I.G. (Establishment) has passed the following order :