LAXMI NARAYAN Vs. STATE OF U P
HIGH COURT OF UTTARAKHAND
STATE OF U P
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BARIN GHOSH, J. -
(1.) LEARNED counsel for the appellant has filed a bench copy of the
writ petition and, accordingly, defect stands removed.
(2.) LEARNED Standing Counsel appearing on behalf of the State of Uttar Pradesh/respondents does not object to the application for
condonation of ten days delay being allowed. We have also looked into the
averments made in the application for condonation of delay and, being
satisfied with the sufficiency of the reasons furnished, allow the
application (CLMA No. 12559 of 2011).
(3.) THE U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 provides in Clause (a) (iii) of Rule 2
thereof as follows: -
" 'Government servant means a Government servant employed in
connection with the affairs of Uttar Pradesh who -
though not regularly appointed, had put in three years continuous
service in regular vacancy in such employment."
Father of the appellant, who died in harness, was working in work -charge establishment of the State for a period in excess of three
years and, accordingly, appellant thought that he is covered by the
provisions contained in the said Rules. The fact remains, 'work -charge
department means a Department, which is not a permanent establishment.
Unless there is a permanent department, question of there being a regular
vacancy does not arise. The learned Single Judge, while dismissing the
writ petition of the appellant, noticed the judgment of a Full Bench of
this Court rendered in Madan Mohan Chaudhary Vs. State of Uttaranchal and
others reported in 2011 (1) U.D., 6. In paragraph 9 of the said judgment,
Full Bench has expressed its opinion to the effect that the service
rendered in work charge establishment before regularization is not a
temporary service for the purpose of regular service, and that, without
there being a post, a person cannot hold it either as a temporary
employee or permanent employee. Full Bench further noted the judgment of
the Honble Supreme Court rendered in the case of State of Himachal
Pradesh Vs. Suresh Kumar reported in (1996) 8 SCC 562, where it has been
observed by the Honble Supreme Court that the work -charge employees
perform the duties of transitory and urgent nature so long as the work
exists in a particular project.;
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