Decided on October 04,2012

Smt. Munni Devi Appellant
State And Ors. Respondents


Tarun Agarwala, J. - (1.) Heard Mr. S.S. Chaudhary, the learned counsel for the petitioner and Mr. Subhash Upadhyay, the learned Standing Counsel for the State.
(2.) The petitioners husband was engaged on the post of Beldar on 1st September, 1979 by the Executive Engineer, Tarai Irrigation Division, Nainital, and worked continuously for more than 18 years and died on 9/10th of June, 1997. The petitioner, being the widow of the deceased, applied for appointment under the Dying in Harness Rules, which remained pending and, accordingly, the petitioner was constrained to file Writ Petition No.106 of 2006 (S/S), which was disposed of by judgment dated 13th February, 2006, directing the authority concerned to decide the petitioners representation for appointment on compassionate grounds. Pursuant to the said direction, the authority rejected the petitioners application by an order dated 15th April, 2006 holding that the petitioners husband was appointed on daily wages 2 and was not a permanent employee and, therefore, the Dying in Harness Rules was not applicable. The petitioner, being aggrieved by the said order, has filed the present writ petition.
(3.) It has come on record that the State of U.P. had issued a Government Order dated 7th February, 1997 indicating that the employees working on daily wage prior to 29th June, 1991 would be adjusted in the department on the basis of the seniority list and that they would also be considered as work charge employees. The State of Uttarakhand also issued a Government Order dated 4th December, 2002 indicating that a daily wager and a work charge employee working prior to 19th June, 2001 would also be adjusted on the basis of their seniority.;

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