STATE OF U P Vs. VAIBHAV SINGH

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 Sub Inspector in the police department died in harness on 19.11.1994. The respondent moved an application on 28.02.1995 and sought compassionate appointment on any post. Thereafter, the respondent moved an application on 24.08.1999 and claimed compassionate appointment on the post of Sub Inspector. In the said application, it is stated that now he is Graduate and fulfills all the physical requirement and going to attain the age of 20 years on 05.10.1999, he may be appointed on the post of Sub Inspector or Sub Inspector (M). He further stated that his mother has also died and he has responsibility of his own and his unmarried sister. The respondent further moved an application on 26.11.1999 wherein he has stated that he is going to complete the age of 21 years after sometime, therefore, he may be allowed ten month's more time to become eligible for the post of Sub Inspector. Officer on Special Duty (Establishment) vide letter dated 29.11.2000 informed to the Superintendent of Police, Shahjahanpur that the respondent has completed the age of 21 years on 06.10.2000, which is beyond five years, therefore, he may be offered any other post, namely, Constable (Civil Police), Constable (M) or Sub Inspector (M) and if he is interested on such post, necessary application may be sent. The respondent wrote a letter to the Superintendent of Police, Shahjahanpur, which has been acknowledged on 09.1.2001, wherein he has requested that he is not interested for the post of Constable (Civil Police), Constable (M) or Sub Inspector (M) and his application for the post of Sub Inspector (Civil Police) may be considered. It appears that the case of the respondent has been referred to the State Government. State Government vide letter dated 17.10.2001 has refused to grant the relaxation. The respondent filed Writ Petition No.44477 of 2002, which has been allowed on 03.01.2002 with the direction to the State Government to take decision. In pursuance thereof, the State Government passed the order on 04.12.2002 and refused the compassionate appointment on the post of Sub Inspector (Civil Police). The order of the State Government is reproduced below :

(3.) AGAINST the said order, the respondent filed Writ Petition No.52 of 2003, which has been allowed vide order dated 23.12.2005 with the following observations: