SURENDRA SINGH GAUR Vs. STATE OF U P

JUDGEMENT

(1.) -

(2.) BY the present writ petition under Article 226 of the Constitution petitioner has prayed for a writ of Mandamus directing the opposite parties 1 to 4 to appoint him in service in place of his father, who died during his employment as a Sub-Inspector of Police posted at Police Station Sadar Bazar Shahjabanpur City. In view of the provisions of U. P. Employment of Dependents of Government Servants Dying in Harness Rules 1974 (for short the Rules), the petitioner claims the benefit that he being the son of the deceased ought to have been given employment and he was preferential dependent as defined under Rule 2 (iii) (ga) whereas the respondent no. 5 Smt. Mithilesh Singh, being the daughter of the deceased has been given the employment.

(3.) HAVING heard learned counsel for the parties points for consideration are as to whether only one dependent of the deceased can be given employment or more than one under the Rules and whether the employment given to one dependent of the deceased can be cancelled to give employment to other dependent of the deceased. The next question is as to what should be the criterion for selection in such matters.