MANOJ KUMAR TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Counsel for the petitioner and learned Standing Counsel.

(2.) BY this writ petition, the petitioner has prayed for quashing of the order dated 23rd October, 2001 passed by District Development Officer, Ballia rejecting the claim of the petitioner for appointment as dependent of deceased employee.

(3.) THE Counsel for the petitioner has submitted that services of petitioner's father were never terminated after 31st May, 1973 and till his death he will be deemed to be in service since he had been sending applications for medical leave and other leave from time to time. The second submission of Counsel for the petitioner is that amendment made in the year 1993 in the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 will be prospective and that will not be applicable in case of the petitioner. The third submission raised by Counsel for the petitioner is that the District Development Officer has no authority to reject the claim of the petitioner since he is not the appointing authority and further the Joint Development Commissioner had already directed him to consider the claim of the petitioner. The Counsel for the petitioner has further submitted that in pursuance of the order of this Court, the Joint Development Commissioner has decided the claim in favour of the petitioner, hence, the District Development Officer has no jurisdiction to reject the claim of the petitioner.