Yatendra Kumar vs State Of U.P. And 5 Others on 2 February, 2021
Facts in the case of Vaibhav Singh (supra) and Raj Surya Pratap Singh Chauhan (supra) are clearly distinct from the facts of the present case. In the case of Raj Surya Pratap Singh Chauhan, the State Government had issued a Government Order, dated 23rd September, 2011, as per which, the eligibility had to be examined on the date of first application moved for grant of compassionate appointment. On the date of first application, Raj Surya Pratap Singh Chauhan was eligible for appointment to the post of Sub-Inspector (Ministerial), but he failed to qualify in the recruitment held for the post. His claim for appointment to the post of Constable was accepted, but he refused to join. His subsequent application for appointment to the post of Sub-Inspector (Civil Police) was declined on the ground that he did not possess requisite qualification on the date of his first application and had also failed to avail of the compassionate appointment offered for the post of Constable.