STATE OF U P Vs. JANMEJAY SINGH

JUDGEMENT

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

(2.) THIS is an appeal against the order dated 26.7.2013, passed by learned Single Judge, in Writ Petition No. 60090 of 2012; Janmejay Singh Vs. State of U.P and others, which has been decided in terms of judgement dated 26.7.2013, passed in Writ Petition No. 32831 of 2012 ( Upendra Kumar Gautam Vs. State of U.P and others), whereby the writ petition has been allowed.

(3.) THE dispute relates to compassionate appointment in police department. The father of respondent, Janmejay Singh, who was constable in the police department died in harness on 8.1.2000. The respondent being son, moved an application on 3.10.2002, claiming compassionate appointment on the post of SI ( M). This fact is stated in paragraph 6 of the writ petition. The application was moved within time. The respondent was asked to appear for SI(M) test. He appeared, but declared failed. On 17.9.2007, the respondent moved another application, claiming appointment on compassionate ground on the post of Constable. Subsequently, on 3.3.2009, the respondent moved an application to Deputy Inspector General of Police( Establishment) with a request that he may be permitted to convert the request for the post of Constable into the post of Sub -Inspector. He again moved an application on 23.3.2009 and requested for compassionate appointment on the post of Sub -Inspector(Civil Police). All the aforesaid three applications dated 17.9.2007, 3.3.2009 and 23.3.2009 were beyond five years . When the claim of respondent was pending, he filed Writ Petition No. 4276 of 2009. The writ -court disposed of the said writ petition vide order dated 23.10.2009 with direction to the authorities concerned to decide the application of respondent. It appears that the fact that in pursuance to the application, the respondent has been asked to appear in SI(M) test and has been declared failed on 16.9.2007 , has not been stated in the writ petition. In pursuance of the order of writ -court, the case of the respondent has been examined. Deputy Inspector General of Police ( Establishment), U.P. Police Head Quarter, Allahabad vide letter dated 23.11.2010 has referred the matter to the State Government. The State Government has declined to relax the period of limitation on the ground that on the verification of character, it was found that against the respondent, a case under Section 304 I.P.C was lodged, in which charge sheet dated 3.5.2010 has been submitted. The decision of the State Government has been communicated by Deputy Inspector General of Police( Establishment) by letter dated 17.1.2011 to the Senior Superintendent of Police, Jhansi and a copy of which, has been given to the respondent. The respondent filed Writ Petition No. 3543 of 2012, challenging the decision of the State Government, communicated by letter dated 17.1.2011. Said writ petition has been disposed of vide order dated 20.7.2012, which reads as under: