PUSPA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) This writ petition has been filed challenging the validity and correctness of the impugned order dated 18.2.2005 (Annexure-7 to the writ petition) passed by respondent No. 5, Executive Engineer Yantrik Khand Public Works Department, Kanpur Nagar. A further prayer has been made in the nature of mandamus directing the respondents to treat the petitioner as permanent class IV employee and pay her the salary of a permanent class IV employee which she was being paid prior to passing of the impugned order dated 18.2.2005.

(3.) Brief facts of the case are that husband of the petitioner was working as a work-charge employee in the office of Executive Engineer Yantrik Khand Public Works Department, Kanpur Nagar in the year 1985. He died in harness on 30.6.1991. The petitioner after protracted proceedings and several representations was given compassionate appointment under the Dying in Harness Rules on 24.4.1993. It appears that by the impugned order, respondent No. 5 has converted the petitioner's appointment from permanent class IV employee to temporary class IV employee and has further directed deducting of the difference of salary from her amounting to Rs. 1,23,509/- in instalment of Rs. 700/- per month.