STATE OF U P Vs. MUNNI DEVI

JUDGEMENT

(1.) The State and its functionaries have preferred this appeal against the judgment and order dated 17.09.2004, by which the learned Single Judge has allowed the writ petition filed by the writ petitioner- respondent (hereinafter referred to as the respondent), and directed them to consider her case for appointment on compassionate ground.

(2.) The husband of the respondent had joined as daily wager in Public Works Department in the year 1983. From the year 1998, he worked on work charged basis till his death on 2nd May, 2003. After his death, the respondent applied for appointment on compassionate ground on 24th July, 2003 under the U.P. Recruitment of Dependants of Government Servant (Dying in Harness) Rules, 1974 (hereinafter referred to as the Dying in Harness Rules). Her claim was rejected on the ground that the employees working on work charged basis are not entitled for appointment on compassionate ground.

(3.) The learned Single Judge, in the impugned judgment, has noted the judgment of this Court in Santosh Kumar Mishra v. State of U.P. & Ors., 2002 1 UPLBEC 337, wherein the learned Bench had taken the view that the dependants of work charge employees are entitled for appointment on compassionate ground under Dying in Harness Rules. The learned Judge then held that since the husband of the respondent had worked for about 20 years on temporary basis, the authorities have got no right to adopt different standards for the purpose of making appointment under Dying in Harness Rules and, accordingly, directed that the respondent be appointed on compassionate basis under Dying in Harness Rules. The learned Judge also quashed the Government Order dated 29.01.2003, by which the State had withdrawn certain benefits extended to the dependants of daily wagers/work charge employees for appointment on compassionate ground under Dying in Harness Rules, without assigning any reason.