Recently, the Uttarakhand High Court allowed a petition seeking certiorari writ to quash orders filed respondent no.2 and no.3 and also to issue a mandamus writ directing the respondents to appoint the petitioner as a sub-inspector under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rule,1947 as applicable in the state of Uttarakhand.
The petitioner’s earlier petition was disposed of by a coordinate bench of the Uttarakhand High Court with a direction that the petitioner should be appointed as a sub-inspector. By the order passed by respondent no.2, the petitioner’s claim was rejected on the ground that dependants of a deceased employee cannot claim appointment to a particular post as per State of Haryana vs Ankur Gupta.
However, the High Court allowed the appeal and held that as per Rule 8 of the 1974 Act, the petitioner could be appointed as per the Rules according to their qualification. The Court also opined that the respondents’ reasons for denying the appointment were not sustainable in the eyes of the law.
While referring to the age criteria( 21-28 years) the Court clarified that it is not applicable while providing appointment under 1974 Rules.
Title: Anuj Kumar Saini vs the State of Uttarakhand
Case No.:1661 of 2017
Date of Order:06.01.2021
Coram: Hon’ble Justice Lok Pal Singh