A.K.Yog, J. - (1.) One Shyam Bihari Lal Sharma was an employee on Class III post as Village Development Officer alleged to be a civil post of Government of U. P. at Block Bahadarabad, district Haridwar. Unfortunately he died on 9.2.1990 leaving behind him the petitioner (Ajay Kumar Sharma) and three other sons as mentioned in para 4 of the writ petition.
(2.) In the writ petition, it has been categorically stated that petitioner was given appointment on compassionate ground under relevant Dying in Harness Rules. 1974. which were applicable to the facts of the instant case. This fact has not been disputed by the respondent in the counter-affidavit. A copy of the appointment letter has been filed on 25.5.1990 which has been filed as Annexure-1 to the writ petition. In pursuance of the aforementioned appointment letter, the petitioner joined the post of peon on 7.6.1990, the appointment letter, however, mentioned that appointment of the petitioner was temporary.
(3.) By the order dated 26.9.1995, filed as Annexure-3 to the petition issued by Block Development Officer, Bahadarabad, district Haridwar indicates that the petitioner was appointed on 7.6.1990 and thereafter he was given benefit of annual increment in salary uninterruptedly. Another order of Jt. Development Commissioner dated 14.1.1997 (Annexure-4) to the writ petition shows that petitioner was sought to be transferred.;