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Rajesh Kumar Yadav vs State of U.P. and others

Allahabad High Court · Decided on 6 January 2009 · Citation: (2009) 01 AHC CK 0094

HON’BLE JUDGES
Rajiv Sharma, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 8335 (SS) of 2008
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Judgment

6 paragraphs · 361 words

Rajiv Sharma, J.—Heard learned counsel for the petitioner and learned Standing Counsel.

2.

By means of this petition, the petitioner prays that a direction be issued by this Court to the respondents to consider the case of the petitioner for appointment in ClassIV category in the department of the respondents under the provisions of DyinginHarness Rules, 1974.

3.

Submission of learned counsel for the petitioner is that father of the petitioner (Rameshwar Prasad Yadav), while working on the post of Work Charge Establishment in the department of the respondents, died on 12.11.2007 in harness. Thereafter the petitioner applied for compassionate appointment by moving representation under the aforesaid rules on 20.2.2008 and 13.8.2008 respectively but the respondents are not considering the case of the petitioner under the aforesaid rules on the pretext that there being a Government Order dated 29.1.2003 which prohibits the grant of benefit to such persons who died while working on the post of Work Charge Establishment and their heirs cannot be given benefit of the aforesaid rules.

4.

Further submission of learned counsel for the petitioner is that since the Government order dated 29.1.2003 has been stayed by this Court in the case of Sunil Kumar v. State of U.P. & Ors., 2003 (1) UPLBEC page 489 and Satya Narain v. State of U.P. and Ors., passed in Writ Petition No.4108 (SS) of 2002 on 20.12.2004, as such, the petitioner is entitled being dependent of Rameshwar Prasad Yadav for employment under the aforesaid rules.

5.

In the circumstances, since the prayer seems to be innocuous in nature and looking into the fact that the petitioner seeks compassionate appointment, with the consent of parties'' counsel, I dispose of this petition finally with a direction to the Superintending Engineer, Pratapgarh/Fatehpur Circle, Public Works Department, District Pratapgarh (respondent No.3) to decide the representation so preferred by the petitioner excluding consideration of Govenrment Order dated 29.1.2003, within a period of three months from the date a certified copy of this order along with the fresh representation is produced, taking into consideration the law laid down by this Court referred to above.

6.

With the aforesaid observations/directions, the petition is finally disposed of.