DEEN BANDHU VERMA Vs. STATE OF U P

JUDGEMENT

(1.) V. K. Shukla, J. Petitioner has approached this Court for issuing a writ in the nature of mandamus commanding the respondent Nos. 2 and 3 to consider the claim of the petitioner for appointment under Dying in Harness Rules, 1974.

(2.) BRIEF facts giving rise to instant writ petition is that petitioner's father had been performing and discharging duties as Seasonal Collection Peon since 15. 01. 1970 and as per petitioner he worked till 9-8- 2005, when he died in harness. Petitioner applied on 22-12-2005 for grant of compassionate appointment. Claim of petitioner had been rejected on the ground that his father was not substantively appointed employee nor had he functioned for three years continuously in regular vacancy.

(3.) AFTER pleadings mentioned above have been exchanged, present writ petition has been taken up with the consent of the parties for final hearing and disposal.