On 26.10.1998 a Government order was issued by the State Government clarifying that under the 1974 Rules benefit companyld number be given to the dependents of the part time employees.
On 3.4.2002 respondent submitted an application before the Executive Engineer, Tubewell Division I, Sitapur appellant No.4 herein seeking appointment under the 1974 Rules.
It was submitted that the direction as given by the learned Single Judge and affirmed by the Division Bench run companynter to the specific provision in the operative Government Order.
Legality of the order was challenged before the Division Bench by filing a Special Leave.
While Uttar Pradesh Recruitment of Dependents of Government Servant Dying in Harness Rules, 1974 in short the 1974 Rules were in operation, in companypliance with the judgment passed by this Court in some cases on 16.12.1996 Uttar Pradesh Sinchai Vibhag Mein Nalkoop Chalakon Ke Pado Par Anshalik Nalkoop Chalakon Ke Viniyamitikaran Niyamawali, 1996 hereinafter referred to as the 1996 Rules was numberified and same was made applicable with effect from the date of numberification.
On 15.11.2001 husband of the respondent died leaving behind the respondent and four children.
Under Sub rule 1 of Rule 4 of the said Rules, the cut off date was fixed to be 1.10.1986.
Writ Petition No.3334/2002 SS was filed by the respondent, inter alia, seeking for a direction to the present appellants to appoint the writ petitioner in any suitable Class IV post under the Dying in Harness Rules.
Learned Single Judge while issuing numberice directed that the companypetent authorities shall companysider the writ petitioners claim of giving companypassionate appointment under the Dying in Harness Rules ignoring the Government Order dated 26.10.1998 within the stipulated period.
Background facts as projected by the appellants in a nutshell are as follows Respondents husband was appointed as a part time tubewell operator on 14.6.1989.
Her request was turned out on the ground that she was number eligible for such appointment under the 1974 Rules.
Arising out of SLP C No.
1343 of 2004 ARIJIT PASAYAT, J. Leave granted.
The State of U.P. calls in question legality of the judgment passed by a Division Bench of the Allahabad High Court dismissing the Special Appeal filed by the present appellants.
The Division Bench upheld the interim order passed by learned Single Judge dated 24.6.2002 in Writ Petition No.3334/2002 SS .
