DEVI PRASAD SINGH, J. - (1.) HEARD learned counsel for the parties and perused the record.
(2.) THE present appeal has been preferred under Chapter VIII Rule 5 of the Rules of the Court against the impugned judgement and order dated 2.5.2006 passed by Hon'ble Single Judge in Writ Petition no. 3608(SS) of 2006. Respondents petitioner being aggrieved with an order dated 7.3.2006 whereby his request for appointment under Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (in short hereinafter referred as the Rule) was rejected by Executive Engineer, Tube-well Division II, district Sultanpur on the ground that his father was appointed on 3.10.1991 as part time tube-well operator and thereafter died on 28.11.2004, hence, the dependents are not entitled for appointment on compassionate ground. Before Hon'ble Single Judge the respondents had relied upon a judgement of this Court in Writ petition no. 51469 of 2005, Vijay Kumar Yadav Vs. State of U.P. dated 25th July, 2005 in which it was held that dependent of part time tube-well operator shall be entitled for appointment on compassionate ground. Learned Single Judge held that since tube-well operator are government servant hence they are entitled for appointment on compassionate ground under rules in question.
(3.) LEARNED counsel for the appellant had invited attention towards a Division Bench judgement of this Court passed in Special Appeal No. 117 of 2004 , State of U.P. and others Vs. Smt. Phoola Devi decided on 14.7.2000 whereby it has been held that dependent of part time tube-well operator shall not be entitled for appointment on compassionate ground.;