LAWS(ALL)-2010-8-157

STATE OF UP Vs. MADHU DEVI

Decided On August 04, 2010
STATE OF UTTAR PRADESH Appellant
V/S
MADHU DEVI Respondents

JUDGEMENT

(1.) The Appellant is the widow of the deceased Ravindra Kumar who was employed as a part time Tube-well Operator (Anshkalik Nalkoop Sahayak). She claims compassionate appointment upon the death of her husband under the U.P. Recruitment of Dependants of Government Servants (Dying-in-harness) Rules, 1974.

(2.) Our attention is invited to the judgment of a Coordinate Bench of this Court in the case of State of U.P. and Anr. v. Smt. Phoola Devi Special Appeal No. 117 of 2000 decided on 14.7.2000. Learned Coordinate Bench of this Court after considering the very issue namely 'part time employment' was pleased to observe as under:

(3.) Learned Counsel for Respondent however draws the attention of the Court to the rules which has been framed and which are known as the Uttar Pradesh Recruitment of Dependents of Government Servants (Dying-In-Harness) Rules, 1974 to the Definitions Clause more so Rule 2 (a) which reads as under: