STATE OF UTTAR PRADESH Vs. PARASNATH

JUDGEMENT

(1.) Both these appeals are from orders of the High Court granting appointment to the concerned respondents on compassionate grounds. The facts of both the appeals are similar. For the sake of convenience, we are setting out the facts in Civil Appeal Nos. 1761-62 of 1993.

(2.) The father of the respondent was working as an Assistant Teacher in Basic School in the State of Uttar Pradesh under the supervision and control of the Zila Parishad. He expired on 8-6-1969 while he was in service. At the time of his death, there were no Rules permitting appointment of a dependant of such a person dying in harness on compassionate grounds.

(3.) With effect from 21-12-1973, the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 came into force. Clause 5 of the Rules clearly provides that the Rules will apply in the case of a Government servant who dies in harness after the commencement of these Rules. However, even after these Rules came into force, no application was made by any dependant of the respondent's father for appointment under the Rules. According to the respondent, he was only two years old at the time when his father died.