STATE OF U P Vs. RAM SUKHI DEVI

JUDGEMENT

(1.) Leave granted.

(2.) The State of U.P. calls in question legality of the judgment passed by a Division Bench of the Allahabad High Court dismissing the Special Appeal filed by the present appellants. The Division Bench upheld the interim order passed by learned single Judge dated 24-6-2002 in Writ Petition No.3334/2002 (SS).

(3.) Background facts as projected by the appellants in a nutshell are as follows: Respondents husband was appointed as a part-time tubewell operator on 14-6-1989. While Uttar Pradesh Recruitment of Dependents of Government Servant Dying-in-Harness Rules, 1974 (in short the 1974 Rules) were in operation, in compliance with the judgment passed by this Court in some cases on 16-12-1996 Uttar Pradesh Sinchai Vibhag Mein Nalkoop Chalakon Ke Pado Par Anshalik Nalkoop Chalakon Ke Viniya-mitikaran Niyamawali, 1996 (hereinafter referred to as the 1996 Rules) was notified and same was made applicable with effect from the date of notification. Under Sub-rule (1) of Rule 4 of the said Rules, the cut off date was fixed to be 1-10-1986. On 26-10-1998 a Government order was issued by the State Government clarifying that under the 1974 Rules benefit could not be given to the dependents of the part-time employees.