MUNNA RAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned standing counsel for respondents No.1 to 4 and Sri P.K. Pandey and Navin Yadav appearing for respondent No.5.

(2.) By this writ petition, the petitioner has prayed for quashing the order dated 4th December, 2006 passed by Superintending Engineer allowing the claim of respondent No.5 for compassionate appointment in preference to the petitioner, the younger brother, on account of death of late Bal Kishun Ram working as Beldar in P.W.D.

(3.) Sri Navin Yadav, at the very outset, has submitted that on account of death of father of respondent No.5 and the petitioner, the claim of compassionate appointment was claimed by respondent No.5, which has been upheld by the impugned order. He submits that mother of the petitioner being already dead and appointment of respondent No.5 on compassionate ground having been upheld, the respondent No.5 is ready and willing to forego the monetary claim consequent to death of his father and the monetary claim to which respondent No.5 is entitled should be paid to the petitioner. He submits that said offer is being made to adjust the equities between two brothers.