ASHOK KUMAR ASTHANA Vs. STATE OF U.P.

JUDGEMENT

(1.) Instant writ petition under Article 226 of the Constitution of India, is against the impugned order of punishment on the ground that the petitioner made appointment on the compassionate ground of the dependant of deceased employee who was on work charge basis. The order of appointment was passed in pursuance of U.P. Recruitment of Dependants of Government Servants (Dying in Harness) Rules, 1974 (in short the Rules).

(2.) It appears that the petitioner has worked as Executive Engineer Tubewell Division-III, Gorakhpur between 19.8.1996 to 24.9.1998. One Shiv Pujan Sahny, a work charge employee, died in harness. The petitioner appointed the dependant of deceased work charge employee, Smt. Kalawati on the post of Peon in pursuance of the Rules. Treating the appointment made by the petitioner as illegal and as an incident of misconduct, a chargesheet was served on him. In pursuance of disciplinary proceeding, the inquiry officer submitted report with the finding that the petitioner has committed misconduct while appointing the dependant of a deceased work charge employee under the Rules. The finding has been recorded by the inquiry officer that the 1974 Rules are not applicable to the dependant of deceased work charge employee. Hence no appointment could have been made.

(3.) While submitting reply to the chargesheet, the petitioner set up a case that he had made appointment in view of law laid down by this Hon'ble Court in Writ Petition No.3558 (S/S) of 1992 (Suresh Chandra Tiwari and others. Vs. State of U.P. and others). In the case of Suresh Chandra Tiwari , this Court has held that dependants of work charge employees may be appointed under the Rules. A copy of the reply dated 18.6.2995 submitted by the petitioner, has been filed as Annexure No.8 to the writ petition.