LAWS(ALL)-2008-7-245

STATE OF U P Vs. PANMATI DEVI

Decided On July 07, 2008
STATE OF UTTAR PRADESH Appellant
V/S
PANMATI DEVI Respondents

JUDGEMENT

(1.) HEARD Sri Suresh Singh, learned Additional Chief Standing Counsel for the appellants and Sri R. B. Tripathi, learned Counsel for the respon-dents.

(2.) THIS is a Speeial Appeal filed against the judgment and order of learned Single Judge dated 10th January, 2008 passed in CMI Misc. Writ Petition No. 18449 of 2005; Panmatidevi& anotherv. State of U. P. andothers, whereby the learned Single Judge has allowed the writ petition, the order dated 11 th February, 2005 has been guashed, and the respondents-appellants has been directed to considerthe claim of the petitioner for appointment on compassionate ground as dependent of the deceased employee.

(3.) LEARNED Additional Chief Standing Counsel challenging the judgment and order of the learned Single Judge dated 10th January, 2008 has contended that si?ce the father of the petitiner was working as seasonal collection peon, he did not ho?d any regular post, therefore, dependent of such seasonal collection pe ons are not entitled for appointment under U. P. Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974. he submits that merely because the father of the petitiner worked continuously as seasonal collection peon without any break si?ce 1986, itwould not improvehiscaseas he was not working against a regular post.