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Malwant Singh v. State Of U.P. And Others - WRIT - A No. 9127 of 2006 [2006] RD-AH 3553 (15 February 2006)


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       Court No.30

Civil Misc. Writ Petition No.9127 of 2006

Malwant Singh Vs. State of U.P. and others


Hon'ble V.C. Misra, J.

Heard Learned counsel for the petitioner and the learned standing counsel. This writ petition is being disposed off at the admission stage itself without calling for any counter affidavit after hearing the learned standing counsel in terms of Rule 2 of Chapter VIII of the rules of Court.

The grievance of the petitioner is that his father who was appointed on the post of a Beldar on 15.3.1988 as permanent muster roll employee with the respondent no.5, died on 8.12.2005. The widow of the deceased had moved an application on 7.1.2006 before the concerned respondents for appointment of the petitioner on compassionate grounds under the U. P. Recruitment of Dependant of Government Servants Dying in Harness Rules, 1974. The respondent no.5 rejected the application of the petitioner vide impugned order dated 23.7.2003 merely on the ground that in view of the Government Order dated 29.1.2003, there was a ban on compassionate appointment of the dependents of daily wagers/work charge employee. However, there is not even a whisper of the fact that in the impugned order the petitioner's father has not continuously worked as Beldar being permanent work charge employee since the date of his appointment. It has been stated that the petitioner's father has been working as work charge employee under permanent muster roll employee. Reference is made to the Rule 4(1) (a) of the Uttar Pradesh Regularization of Daily Wages Appointments on Group 'D' Posts Rules, and there is also a Government Order No.414/90-27-fl0-7-85 (5) 187 dated 20.9.1990 which provides that the dependent of a deceased-employee who has put in continuous service of ten years or more and has died in harness shall be appointed on regular basis on the post which are not within the purview of public service commission on compassionate ground as per its educational qualification. A reference is made to the decision in the case of Santoshi Kumar Misra Vs. State of U.P. and others reported in 2001 ESC (4) page 1615, it was in respect with the dependent of work charge employees of irrigation department who died under Dying in Harness Rules, 1974. Another decision in the case of Laxmi Vs. State of U.P. in Writ Petition No.5327 (SS) of 2004 decided on 18.9.2004, in respect with the work charge employee have been passed. The same view has also been taken in the case of Vinai Kumar Vs. State of U.P. in Writ Petition No.53931 of 2004 decided on 3.2.2005, and also in the case of Mohit Kumar Vs. State of U.P. and others in Writ Petition No.69439 of 2005 decided on 9.11.2005.

Under the aforesaid facts and circumstances of the case, the writ petition is accordingly allowed. The impugned order dated 2.2.2006 (annexure-3 to the writ petition) issued by respondent no.5 rejecting the petitioner's application for compassionate appointment under the U. P. Recruitment of Dependant of Government Servants Dying in Harness Rules, 1974 is set aside. The respondents are directed to consider the petitioner's appointment under the said rules on compassionate grounds afresh treating him to be the dependent of a government servant within a period of two months from the date of a certified copy of this order is placed before the respondent no.5. No order as to costs.

February 15, 2006



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