Bharat vs State of U.P.and Others

Devi Prasad Singh, J.—Petitioner''s father was a workcharge employee in Lok Nirman Vibhag. Petitioner''s father was engaged in the year 1985 and he expired on 24th of January, 2004. By the impugned order, the opposite parties have denied to make appointment on compassionate ground on the ground that the petitioner''s father was a workcharge employee and accordingly, petitioner shall not be entitled for appointment on compassionate grounds.

The controversy in question has already been settled by this Court by pronouncement of various judgments including the case reported in (2003) 1 UPLBEC 489, Sunil Kumar v. State of U.P. and (2002) 1 UPLBEC 37, Santosh Kumar Mishra v. State of U.P. and others. It has been settled by this Court that the employees who were working even on daily or workcharge basis for longer period, after their death, the dependents will have right to claim for appointment on compassionate grounds.

In view of the settled proposition of law, the impugned order does not survive. A writ in the nature of certiorari is issued quashing the impugned order dated 18th August, 2004 as contained in Annexure No.1 to the writ petition with all consequential benefits. The opposite parties are directed to consider petitioner''s case for appointment under DyinginHarness Rules on compassionate grounds keeping in view the law settled by this Court and the opposite parties are further directed to take a decision in accordance to law expeditiously and preferably within a period of 4 months from the date of receipt of certified copy of this order and shall communicate the decision to the petitioner.

Liberty is given to the petitioner to submit a fresh representation within one month alongwith the copy of the Judgments of this Court to the competent authority.

Subject to above, the writ petition is disposed of finally.

(Petition allowed)