STATE OF U.P. Vs. VIKRANT TOMAR

JUDGEMENT

(1.) Ref: Civil Misc. Delay Condonation Application Nos.162397 & 162387 of 2017

(2.) Both intra court appeals under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 have been preferred by the State of U.P. through Secretary, Department of Home (Police Section) Government of UP, Lucknow and two others assailing the judgement and order dated 10.3.2017 passed by learned Single Judge of this Court in Writ A No. 59295 of 2015 (Vikrant Tomar & 5 ors Vs. State of U.P., & 2 others), wherein he has proceeded to allow the writ petition with a direction to the appellants-respondents to consider the claim of the petitioners for appointment on compassionate ground in the light of the observations made in the judgement within three months, and the order dated 10.3.2017 passed in Writ A No.68006 of 2015 (Shahanshah and 19 ors Vs. State of UP and 2 ors) wherein a direction was issued to the respondents to consider the claim of petitioners for appointment on compassionate ground in the light of observations made in connected Writ A No.59295 of 2015.

(3.) The factual situation that is accepted before us is that fathers of the petitioners were working on different posts in police department and they died in harness between the years 2011 to 2014. After the death of their fathers, the petitioners submitted their applications seeking appointment on compassionate ground between the years 2011 to 2015. Their applications were processed and after removing the shortcomings, the complete files relating to the petitioners were submitted to the Police Headquarters, Allahabad. Thereafter the physical efficiency test was fixed from 17.8.2015 to 19.8.2015, which was held with regard to some other persons, who had applied for compassionate appointment but the petitioners were not informed in this regard. Thereafter some of the petitioners had preferred separate writ petitions seeking directions for permitting them to participate in the physical efficiency test and all the writ petitions were disposed of by this Court on 27.7.2015 directing the respondents-appellants to permit the petitioners to take part in the physical efficiency test, which was scheduled to be held from 17.8.2015 to 19.8.2015. In pursuance thereof, the order dated 11.8.2015 (impugned in the writ petition) had been passed by the Deputy Inspector General of Police (Establishment), Allahabad rejecting the petitioners' representation as well as the claim of the petitioners for appointment on compassionate ground.