High Court of Judicature at Allahabad
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Lal Bahadur Pal v. State Of U.P. And Others - WRIT - A No. 1481 of 2006  RD-AH 669 (10 January 2006)
HON. ARUN TANDON, J.
The claim of the petitioner for compassionate appointment has been rejected under orders of the Work Manager Irrigation Workshop Khand Naini, Allahabad dated 17.3.2005 on the ground that the provisions of the U.P. Recruitment of Government Servants (Dying in Harness) Rules, 1974 are not attracted in the case of employees working in the industrial workshop of the Irrigation Department.
The controversy with regards of the applicability of the aforesaid Rules to the employees of industrial workshop has already been settled under the judgment and order detailed below :
1. 1999 Vol. 3 Education and Service Cases page 2187 (Saroj Devi Vs. State of U.P. and others).2. 2001 Vol. 4 Education and Service Cases page 1615 (Santosh Kumar Mishra Vs. State of U.P. And others).
3. Judgment and order passed in writ petition no. 7010 of 2005 decided on 15.2.2005, and;
4. 1998 (79) F.L.R. 608 (Maya Devi Vs. State of U.P. And others).
In view of the aforesaid judgment s of this Court the order impugned in the present writ petition cannot be legally sustained. Accordingly the order dated 17.3.2005 is hereby quashed.
Respondent no. 3 is directed to reconsider the claim of the petitioner for such compassionate appointment in accordance with the rules by means of a reasoned speaking order preferably within four weeks from the date a certified copy of this order is filed before him.
Writ petition is allowed.
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