UTTARAKHAND VAN VIKASH NIGAM Vs. SURESH CHANDRA AULI

JUDGEMENT

(1.) HEARD Ms. Seema Sah, Advocate for the appellants and Mr. Anil Kumar Joshi, Advocate for the respondent.

(2.) THIS Special Appeal has been referred to this Full Bench by an order of the Division Bench of this Court, since it was the opinion of the Division Bench that the view of the learned Single Judge of this Court in Writ Petition (S/S) No. 88 of 2003 is contrary to the view of the Division Bench of Honble Allahabad High Court on the issue as to whether the dependants of a daily wage employee can be given appointment on compassionate grounds under Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, (from hereinafter referred to as the Rules or "Dying in Harness Rules") and, therefore, according to the Division Bench the matter required reconsideration.

(3.) THE brief facts of the present case are that the petitioner Suresh Chandra Auli (respondent in the present special appeal) filed a writ petition before this Court with the prayer that a direction be issued to the respondent to appoint him on the compassionate ground as his father was a daily wage employee in the Forest Development Corporation and the petitioner being his dependant is entitled for compassionate appointment under the said rules. Learned Single Judge of this Court allowed the writ petition quashing the impugned order by which the concerned authorities have rejected the claim of the petitioner, and directed the authorities "to consider the appointment of the petitioner under Government Servant Dying in Harness Rules, 1974 within a period of three months from the filing of the certified copy of the order". This order was challenged by the Forest Development Corporation in Special Appeal and the Division Bench in special appeal has referred the matter to the present Full Bench for the reasons already referred above.