Court No. - 38 Case :- WRIT - A No. - 44279 of 2010 Petitioner :- Randhir Kumar Singh Respondent :- State Of U.P. And Others Petitioner Counsel :- Mithlesh Kr. Pandey Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing
Counsel for the respondents.
Petitioner’s father was a daily wage/work charge employee of the
Public Works Department. He had died in harness and therefore
the petitioner applied for compassionate appointment under the
U.P. Recruitment of Dependants of Government Servant Dying in
Harness Rules, 1974 (in short Dying in Harness Rules). The
petitioner’s application has been rejected by the impugned order
dated 17.06.2009 passed by the Executive Engineer respondent
no.2 on the ground that as per the G.O. dated 29.1.2003 the
dependants of daily wage and work charge employees are not
entitled for the benefits of the aforesaid Dying in Harness Rules,
1974. The aforesaid G.O. on the basis of which the petitioner’s
application for compassionate appointment has been ignored and
the order rejecting the application on its basis has already been
quashed by this Court by judgment and order dated 2.12.2005
passed in writ petition no.73428 of 2005 Km. Shabana Parveen Vs.
State of U.P. and others with further direction to the authority
concerned to pass fresh order. This Court in a series of judgments
has held that daily wage/work charge employee also comes within
the purview of the Dying in Harness Rules.
In view of the above, the writ petition succeeds and is allowed.
The impugned order dated 17.06.2009 (annexure-1 to the writ
petition) is quashed. The respondent no.2 is directed to reconsider
the application of the petitioner for giving compassionate
appointment afresh after ignoring the G.O. dated 29.1.2003 as
expeditiously as possible preferably within a period of two months
from the date of production of the certified copy of this order.
Order Date :- 29.7.2010
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