DAROGA PRASAD SINGH YADAV Vs. DISTRICT MAGISTRATE BALLIA

JUDGEMENT

(1.) V. K. Shukla, J. Petitioner has approached this Court for issuing a writ in the nature of certiorari quashing the order dated 18-8-2004 as also a writ of mandamus commanding the respondents 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 1-5-1967 and worked up to 30-9- 1981, and thereafter he was appointed on 20-11-1981 and worked till 15-1-2004 without break of even single day, when he died in harness. Petitioner applied on 11-4-2004 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.