VIPIN KUMAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition has been filed for quashing the order dated 10th July, 2007 by which compassionate appointment was de nied to the petitioner by the Deputy Inspec tor General of Police (Establishment) U.P. and for a direction upon the respondents to grant compassionate appointment to the peti tioner under 'The U.P. Recruitment of De pendents of Government Servants Dying-in-Harness Rules, 1974' (hereinafter referred to as the 'Rules')

(2.) THE records of the writ petition indicate that the father of the petitioner Ganeshdher Pandey was working as a Constable in the U.P. Police and it is claimed that he was miss ing since 23rd August, 1996 from Police Lines Obra, District Sonebhadra and could not be traced. A certificate dated 23rd July, 1999 was issued by the Superintendent of Police certi fying that the father of the petitioner was missing from 23rd August, 1996 and inspite of best efforts could not be traced. THEreafter, a communication dated 19th July, 1997 was sent to the brother of the petitioner's father regarding payment of pension/GPF and con sequently, the mother of the petitioner moved an application for payment of the dues which were ultimately paid on 29th October, 1999.

(3.) LEARNED counsel for the petitioner sub mitted that benefit of Rule 5 of the Rules is available in all types of death including pre sumptive death and, therefore, the Deputy Inspector General of Police (Establishment) committed an illegality in rejecting the ap plication solely on the ground that compas sionate appointment cannot be granted in case of presumptive death and in support of his contention he has placed reliance upon a judg ment of this Court in Ajay Kumar Shukla v. State of U.P. and Ors., reported in (2005) 1 UPLBEC 858 : (2005 All LJ 790).