JUDGMENT
Rakesh Tiwari, J.
1. Heard counsel for the parties and perused the record.
2. The father of the petitioner, Sher Ali Khan, who was working as Junior Engineer at Nagar Panchayat, Moradabad died in harness on 14.6.1999. The District Magistrate, Rampur vide order dated 13.5.2003 directed respondent no. 2, Director, Sthaniya Nikaya, Uttar Pradesh, Luckow to give appointment to the younger brother of the petitioner namely Sher Muzahid Khan on the available class III post but no appointment was given. Since, in the mean time, Sher Muzahid Ali Khan younger brother of the petitioner was selected for the course of Master degree in computer application, the petitioner applied to the District Magistrate. Rampur for appointment under the Dying in Harness Rules on 15.9.2003.
3. The District Magistrate made recommendation in the case of the petitioner vide letter dated 28.10.2003 to respondent No. 2 for necessary direction in the matter of compassionate appointment to the petitioner which remained unactioned till date.
4. In the circumstances, the petitioner filed Civil Misc. Writ Petition No. 50612 of 2003 which was disposed of vide order dated 13.11.2003 with a direction to respondent no. 2 to consider the case of the petitioner and decide his application dated 15.9.2003 in accordance with law.
5. The counsel for the petitioner has urged that the petitioner has submitted a certified copy of the judgment along with an application to respondent no. 2 on 20.12.2003. Subsequently an order dated 9.2.2004 was passed by respondent no. 2 directing respondent no. 4, Chairman, Nagar Palika Parishad. Rampur to give appointment to the petitioner on a post of non centralize service with immediate effect. The petitioner also submitted a copy of the order dated 9.2.2004 passed by respondent no. 2 to the Chairman, Nagar Palika Parishad, Rampur on 4.3.2004.
6. It appears that respondent No. 4, Chairman Nagar Palika Parishad, Rampur has sought approval to the appointment of the petitioner from Director, Sthaniya Nikaya, Uttar Pradesh, Lucknow, respondent no. 2 but no appointment was given to the petitioner inspite of order dated 20.7.2004.
7. The petitioner has filed this writ petition praying for a direction in the nature of mandamus commanding respondent no. 4 to give appointment letter to the petitioner on a class III post at Nagar Palika Parishad, Rampur and make payment of salary in compliance of the directions given by respondent no. 2 dated 19.2.2004. Sri R.R. Khan, counsel for respondent No. 4 has urged on the basis of Annexure-CA-1 filed with the counter affidavit that a Government Order dated 30th April, 2003 has been issued in which it has been stated that the compassionate appointment should be given to the dependent of the deceased employee at the place where he has expired and thereafter he may be posted at the permanent place where the family of the deceased employee is residing. This order has been issued to curtail any frivolous appointment as appears from para 2 of the aforesaid G.O. dated 30th April, 2003, Para 2 of the aforesaid G.O. is in Devnagri script and for some technical reasons the same is quoted below in Raman script.
2. SHSHAN KE SAMUKH KATIPYA DRISHTANTO KE ADHAR PAR YAH STHIT1 SPASTA HUI KI MRITAK KI NIYUKTI KE STHAN SE BHINNA STHAN PAR NIYUKTI DIYE JANE KI WAVASHTA KARNE SE LAGATAR IS BAT KI SAMBHWANA BANI RAHATI HAI KI USI MRITAK ASHRIT KE NAM SE EK SE ADHIK EOG VIVIBHINN STHANO PAR NIYUKTI PA JAYE, KYOKI ANTIM NIYUKI STHAN ME IN ANYA STHANO PAR HUI NIYUKTIYO KA SAMUCHIT RIKARD BANAYE RAKHANA KATHIN HAI ATAH SHASHAN DWARA SAMYAK VICHAROPARANT YAH NIRYA EIYA GAYA HAI KI MRITAK ASHRIT KE RUP ME NIYUKTI USI NAGAR STHANIYA N1KAYA ME DI JAYEG1 JAHA PAR KARMCHARI MRITU SE PURVA KARYARAT THA PARNTU PURUSH ASHRIT KE DWARA NIYUKTI MANGE JANE PAR USHKI NIYUKTI SAMBANDHIT STHANIYA NIKAYA (JAHA PAR MRITAK KARYARAT THA) KE DWARA KIYE JANE KE BAD YADI PURUSH ASHRIT DWARA APNA STHANANTARAN GRIH JANPAD ME CMAHE TO USHKA STHANANTRAN NIYUKTI KE TURANT PASHCHAT NIDESHAK STHANIYA NIKAYA KB STAR SE HI MAHILA ASHRIT KE ANURODH KIYE JANE PAR USKE ANURODH KE ANURUP JANPAD KI KISHI STHANIYA NIKAYA ME TURANT STHANANTARAN KAR DIYA JAYEGA PURUS VA MAHILA ASHRIT DONO KBHI PRAKARNO ME SAMBANDHIT STHANIYA NIYKAYA ME JAHA STHANANTARAN KIYA JA RAMA HAI. PAD RIKTA NA HONE PAR BHI STHANANTARAN KAR DIYA JAYEGA JISE BHABHISHYA ME HONE WALI RIKTIYO KE VIPRIT SAMAYOJIT KAR EIYA JAYEGA.
8. The counsel for the respondent No. 4 submits that respondent no. 2 has sent letter to the Pramukh Sachiv, U.P. Lucknow lor granting approval to the appointment of the petitioner.
9. It is not in dispute that recommendation for appointment of the petitioner has already been made by the Commissioner and Director, Local Bodies, U.P. Lucknow vide Annexure-II to the writ petition. It is not also in dispute that the petitioner is dependent of the deceased employee and that the order has been issued for his appointment, it appears that in order to get delayed the appointment of the petitioner respondent no. 4 has sent the matter to the Principal Secretary, Government of U.P. Lucknow for approval, which is not required under any Rule.
10. In the circumstances, the writ petition is allowed. Respondent no. 4 shall comply with the directions given by respondent no. 2 vide letter dated 19.2.2004 contained in Annexure-II to the writ petition issued by the Commissioner and Director, Local Bodies, U.P. Lucknow within a period of month from the date of production of a certified copy of this order. No order as to costs.