ZILAPANCHAYAT KAUSHAMBI Vs. LALTI DEVI AND A

JUDGEMENT

(1.) THIS intra Court appeal, under the Rules of the Court, is preferred against the judgment of the Hon'ble Single Judge dated 9. 2. 2007 in Civil Misc. Writ Petition No. 7273 of 2007.

(2.) WE have heard learned Counsel for the appellants, Mr. Akhileshwar Singh, learned Counsel appearing for respondent No. 1, and the learned Standing Counsel for the State-respondent No. 2.

(3.) WE are fortified in taking the aforesaid view that Rule 2 (c) is inclusive from the Division Bench judgment of this Court in the case of State of U. P. v. Rajendra Kumar and others, 1999 All C. J. , 545. Similar view has been taken by the Hon'ble Single Judge in the case of Manoj Kumar Saxena v. District Magistrate Bareilly and others, reported in 2000 (2) E. S. C. 967 (All) and in Smt. Urmila Deviv. U. P. Power Corporation Ltd. , 2004 (2) E. S. C. 180 (All) and we are in respectful agreement with the view expressed therein/learned Counsel for the appellant could not show that the aforesaid rules are not applicable to Zila Panchayat and on the contrary the GO. No. U. O.-1130/33-2-32-6 (1 )/84 dated 5th July. 1984 and G. O. No. 58661/33-2-2005 dated 2. 12. 2005 show that for the purpose of compassionate appointment the decision was taken and 1974 Rules have been made applicable to the employees of Zila Panchayat. However, the aforesaid Rules have made applicable only to such employees, who are not within the purview of the Commission.