- (1.) The Appellant is the widow of the deceased Ravindra Kumar who was employed as a part time Tube-well Operator (Anshkalik Nalkoop Sahayak). She claims compassionate appointment upon the death of her husband under the U.P. Recruitment of Dependants of Government Servants (Dying-in-harness) Rules, 1974.
(2.) Our attention is invited to the judgment of a Coordinate Bench of this Court in the case of State of U.P. and Anr. v. Smt. Phoola Devi Special Appeal No. 117 of 2000 decided on 14.7.2000. Learned Coordinate Bench of this Court after considering the very issue namely 'part time employment' was pleased to observe as under: A part-time tube-well operator could not be put at par with a regular Government servant. Consequently, the Government clarified that such category of persons will be entitled to the benefit of 1974 Rules in view of the Government order dated October 26, 1998 and in view of the substantial difference in the nature of the employment of a part-time tube-well operator and a regular Government servant the provisions of 1974 Rules can have no application in such a case. In State of Manipur v. Thingurjam Brojen Meetei, 1996 AIR(SC) 2124, it was held that family members of a confirmed work-charged employee cannot get the benefit of dying-in-harness scheme framed by Government of Manipur. The writ Petitioner, therefore could not claim compassionate appointment on the ground that she was widow of a part-time tube-well operator who died in harness.
(3.) Learned Counsel for Respondent however draws the attention of the Court to the rules which has been framed and which are known as the Uttar Pradesh Recruitment of Dependents of Government Servants (Dying-In-Harness) Rules, 1974 to the Definitions Clause more so Rule 2 (a) which reads as under: 2. Definition.-In these rules, unless the context otherwise requires - 2 (a): "Government servant" means a Government servant employed in connection with the affairs of Uttar Pradesh, who-(i) was permanent in such employment ; or (ii) though temporary had been regularly appointed in such employment ; or (iii) though not regularly appointed, had put in three years continuous service in regular vacancy in such employment. Explanation. - "Regularly appointed" means appointed in accordance with the procedure laid down for recruitment to the post or service, as the case may be.;