AJAY KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner is claiming compassionate appointment on account of death of his father, who died on 29.9.2007 under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as "Dying in Harness Rules, 1974").

(2.) The contention of the petitioner is that his father was employed as a daily wager on the post of Forest Guard in the year 1984 in Badaun. In pursuance of the order of the Apex Court in the case of State of U.P. and others v. Putti Lal, 2006 9 SCC 337he was getting minimum pay-scale of the pay-scale of the regular employee. On 24.5.2008, the petitioner's mother had requested respondent to extend the benefit of Dying in Harness Rules, 1974 to the petitioner, the son of the deceased, and also claimed pension. The Divisional Director Social Forestry Division, Badaun, District Badaun wrote a letter to the District Magistrate, Badaun dated 3.6.2008 stating therein that Late Sri Ram Pal was working as a daily wager in the minimum of pay-scale, died on 29.9.2007 and since he was working as a daily wager, the dependants of the deceased are not entitled for the benefit of pension and compassionate appointment. The compassionate appointment has accordingly been denied. Being aggieved, the petitioner filed the present writ petition.

(3.) Heard Sri Pankaj Srivastava, learned Counsel for the petitioner and Ms. Suman Sirohi, learned Standing Counsel for the respondents.