- (1.) ALOKE Chakrabarti, J. Heard learned Counsel for the petitioner and learned Standing Counsel for the respon dents.
(2.) THE contention of the petitioner is that the petitioner's husband was working in the post of Beldar under the respon dents. He rendered service for more than eleven years continuously. While on duty he met with an accident and expired on 2-3-1995. THE petitioner's application for compassionate appointment in view of the service rendered by the petitioner did not produce any result and although all the formalities were completed and petitioner is facing extreme hardship but neither any decision has yet been communicated by the respondents nor the petitioner has been provided suitable job. In the counter-affidavit contention has been made that under the relevant rules the petitioner is not entitled to com passionate appointment as petitioner was working on daily wage and it is stated that the benefit of compassionate appointment is not available to daily wage permanent muster roll employee even if he dies in harness. The relevant rule, which has been enclosed by the respondents has been referred by the learned Counsel for the petitioner even which shows that the ex pression "government servant" includes any employee who was although not ap pointed regularly but continuously worked for more than three years. In such circumstances, the claim of the petitioner is that the said rule also supports her case for compassionate appointment. Learned Counsel for the petitioner also relied on the judgment in the case of Maya Devi v. State of U. P. and others, reported in 1998 (79)FLR608. Learned Standing Counsel though contested the claim of the petitioner but could not dispute the proposition of law laid down in the said case of Maya Devi, (supra ).
(3.) IN view of aforesaid, I am of the opinion that as petitioner's husband worked in the department for more than ten years till his death, the petitioner is entitled to benefit of compassionate ap pointment though the petitioner's hus band was working on daily wage basis. Therefore, the writ petition is al lowed. The respondents are directed to decide the claim of the petitioner for com passionate appointment applying the law as aforesaid and respondents are to take decision within two months from the date of production of a certified copy of this order. Petition allowed. .;