SHAFFIQUE AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and learned Standing Counsel for respondents. It is not in dispute that the father of petitioner Late Khursheed Ahmad died on 24.2.2001 while working on the post of junior clerk in District Rural Development Agency (D.R.D.A.), Siddharth Nagar. On 25.4.2001 the mother of petitioner moved an application before Chief Development Officer for compassionate appointment of the petitioner under U.P. Recruitment Dependents of Government Servants Dying in Harness Rules, 1974 hereinafter referred to as 'the Dying in Harness Rules, 1974'. When nothing was done, the petitioner also moved an application on 21.10.2003 for appointment under Dying in Harness Rules, 1974. Feeling aggrieved by the inaction on the part of respondents, the petitioner has filed earlier Writ Petition No. 10026 of 2006 before this Court on 15.2.2000, which was disposed of vide order dated 17.2.2006 directing the respondents to consider compassionate appointment of the petitioner under Dying in Harness Rules, 1974. The petitioner has submitted the copy of order dated 17.2.2006 passed by this Court along with application with a request, that he may be appointed on Group C post in the Agency according to his qualification and if no Group C post is available, he may be given appointment on Group D post. But the application/representation of the petitioner has been rejected by the authorities on 13.4.2006 on the ground that D.R.D.A., in which the father of petitioner was working is a registered society under Societies Registration Act and it is not a department of Government, therefore, Dying in Harness Rules, 1974, which is applicable to the Government employees, is not applicable in respect of employees of D.R.D.A. in view of Government order dated 22.4.2,004, accordingly the compassionate appointment of the petitioner cannot be made under the aforesaid Rules.

(2.) LEARNED Counsel for the petitioner has pointed out that the aforesaid Government order dated 22.4.2004 has been quashed in Writ Petition No. 2205 (SS) of 20C6 Smt. Rita Mishra v. State of U.P. and Ors. decided by Lucknow Bench of this. Court holding that the Government has issued various circulars from time to time whereby the general rules pertaining to appointment, qualification, mode of recruitment of Government employees has been applied in D.R.D.A. and accordingly the Dying in Harness Rules, 1974 is also applicable in respect of employees of D.R.D.A. The aforesaid view has been taken by Lucknow Bench of this Court in Writ Petition No. 2280 (SS) of 2006 Badloo Ram and Anr. v. State of U.P. and Ors. The aforesaid decision rendered by Lucknow Bench of this Court has been filed by the petitioner along with supplementary affidavit in the abovenoted writ petition. Since these are the decisions of this Court filed on affidavit therefore, it does not require any supplementary counter affidavit to be filed on behalf of respondent. In view of law laid down by this Court that the Dying in Harness Rules, 1974 is applicable to the employees of District Rural Development Agency and Government order dated 22.4.2004 whereby it was communicated that the aforesaid Dying in Harness Rules, 1974 is not applicable to the employees of D.R.D.A. has been quashed. Therefore, nothing remains against the petitioner on the basis of which his compassionate appointment under Dying in Harness Rules, 1974 can be denied to the petitioner by the respondent authorities. In view of aforesaid decision I am of the considered opinion that the impugned order dated 13.4.2006 passed by Chief Development Officer cannot be sustained, accordingly the same is hereby quashed. I am of the further opinion that the respondents are bound to consider the compassionate appointment of petitioner under Dying in Harness Rules, 1974 which has beer held applicable in respect of the employees of D.R.D.A. by Lucknow Bench of this Court in aforesaid decisions so long as the aforesaid decisions have not been reversed or set aside by any higher forum.