Allahabad High Court
Rahul Khokhar vs State Of U.P. And Others on 22 April, 2011
Bench: V.K. Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD
No. 39
Civil Misc. Writ Petition No. 23581 of 2011
Rahul Khokhar
Versus
State of U.P. and others
Hon'ble V.K. Shukla, J.
Petitioner has approached this court for quashing of the order dated 12.1.2011 wherein Additional Superintendent of Police, Establishment, U.P. Police Headquarters, Allahabad has asked petitioner to furnish documents in respect of his educational qualification. Petitioner has been informed that in case he has passed Intermediate Examination, then papers be transmitted to Additional Superintendent of Police, Establishment, U.P. Police Headquarters, Allahabad and in case he has not passed his Intermediate Examination, then appropriate application for grant of compassionate appointment as Class IV employee be furnished.
Brief background of the case is that father of the petitioner was working as Head Constable (Class III employee) in the office of the Respondents department. Satya Pal Singh, died during period of his service on dated 9.10.2007. The deceased employee left behind widow Satto alias Santosh and four children, three sons and one daughter, elder son namely Dharmendra Kumar. The elder son Dharmendra Kumar as per petitioner is married and was prior to the death of deceased employee employed in the Police Department and residing separately and the daughter Mamta was also married prior to the death of deceased employee. The petitioner's mother widow of deceased employee filed an application in regard to appointment of her son under provision of Dying -in-Harness Rules, on dated 29.2.2008, before the Senior Superintendent of Police, Saharanpur, after achieving the age of majority. In continuation to the aforesaid, son the same day i.e. 29.2.2008, the petitioner also filed an application before the Senior Superintendent of Police, Saharanpur, by which he requested to give him employment under the provision of Dying in Harness Rules on the post of Constable. Thereafter, the Senior Superintendent of Police, Saharanpur called the petitioner and completed the paper formalities on the proforma Form and took physical measurement of the petitioner and also sent the petitioner for medical examination before the Chief Medical Officer, Saharanpur. The petitioner was physically and medically examined by the Chief Medical Officer, Saharanpur, in the year 2008, and the report was submitted to the Senior Superintendent of Police, Saharanpur. Thereafter, the Senior Superintendent of Police, Saharanpur verified all the facts related to the petitioner and deceased family from the Superintendent of Police, Baghpat. Thereafter, the Superintendent of Police, Baghpat, conducted enquiry and submitted report to the Senior Superintendent of Police, Saharanpur with regard to compassionate appointment of the petitioner on the post of Constable under the provision of dying in harness rules. The widow of deceased employee and other family members filed affidavit before the competent authority in regard to No objection for giving employment to the petitioner on compassionate ground under the provision of dying in harness Rules. Thereafter, all the formalities were completed at the office of the Senior Superintendent of Police, Saharanpur, and thereafter, the matter was forwarded to the Police Headquarters, Allahabad. Thereafter, the petitioner waited long but neither the Senior Superintendent of Police, Saharanpur, nor U.P. Police Headquarters, Allahabad, responded on the matter and suddenly, vide letter dated 29.1.2011, the Senior Superintendent of Police, Saharanpur, informed the petitioner that for the post of Constable the required qualification is Intermediate and if you have passed Intermediate Examination and possesses certificate then supply copy of the same or otherwise apply for the post of IVth Class. At this juncture present writ petition has been filed.
Sri. Vijay Gautam, Advocate, learned counsel for the petitioner contended with vehemence that once all the pre requisite formalities stood fulfilled, then on the basis of amendment made in the Rule, qua change educational qualification, claim of the petitioner cannot be non-suited, as has been sought to be done in the present case and as such writ petition deserves to be allowed.
Countering the said submission, learned Standing on the other hand contended that object of providing of compassionate appointment is to save family from immediate crises and nothing beyond the same and as such petitioner should proceed to comply with the order.
After respective arguments have been advanced, undisputed factual position which is emerging in the present case is that when petitioner died in harness and petitioner had applied for grant of compassionate appointment on 29.2.2008 and thereafter requisite formalities were fulfilled by getting physical measurement of the petitioner and also by getting medical examination of the petitioner. After requisite formalities were fulfilled, papers were transmitted to the Deputy Inspector General of Police, (Establishment) U.P. at Allahabad and thereafter, order impugned in question has been passed which is being assailed by the petitioner before this court.
This is accepted position that as on date recruitment on the post of Head Constable/Constable is governed by statutory rule known as Uttar Pradesh Recruitment of Dependants of Government Servants Dying-in-Harness Rules, 2008 and therein for being recruited as constable, minimum eligibility criteria prescribed is Intermediate. Once appointment in question is governed by the statutory rules which are applicable, then in such a situation and in this background merely because some formalities had been done in the past, petitioner cannot claim as matter of right that his claim should be considered, governed by the said eligibility criteria. As per view of Hon'ble Apex Court in the case of State Bank of India Vs. Raj Kumar, Civil Appeal No. 1641 of 2010 decided on 8.2.2010 eligibility criteria of incumbent is to be looked into on the date when appointment is to be offered and as on date when appointment is to be offered, then in case petitioner intends to get appointed on the post of constable he has to have to his credit Intermediate qualification and once petitioner is lacking the same, then this court refuses to issue directive to offer appointment to the petitioner on compassionate basis ignoring the said eligibility criteria.
Consequently no interference is being made with the order impugned. However, it is clarified that in case petitioner intends to get appointed as Class IV employee, he should fulfil each and every pre requisite formalities as required and thereafter authority concern shall endeavour to take appropriate decision on the same in accordance with law, preferably within period of next three months from the date of production of certified copy of this order.
With these observations, writ petition is disposed of.
Dt. 22.4.2011
T.S
