SURENDRA MOHAN SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) BY way of this writ petition, the petitioner has challenged the Notification No. N-838/VII-Nayaya-3-924 (65)/1994-LKO/August, 2004 issued by the respondent No. 1 appointing the respondent No. 4 Shri Raj Kumar Jaiswal as Public Notary for Padrauna, district Kushinagar. He has sought writ of certiorari for quashing the aforesaid notification.

(2.) WE have heard Smt. Durga Tiwari, learned counsel for the petitioner, Shri P. S. Baghel, learned counsel appearing for the respondent No. 4 and learned standing counsel for the respondents No. 1 to 3.

(3.) ADMITTEDLY, the post of Public Notary does not come within the category of Government servant, therefore, this argument of the learned counsel for the petitioner has force that the respondent No. 4 could not be appointed in place of his deceased father as the compassionate appointment takes place in the case of Government servants dying in harness. This was also not a post, which could be filled by succession. This was unique case in which after death of father, the son applied for being appointed as Public Notary in place of his deceased father and was appointed as such.