- (1.) In Pawan Kumar Yadav v. State of U.P. and Ors. the Court noticed judgements of this Court taking divergent views in the matter of recruitment of dependants of government servants, dying in harness, where the deceased employees were either daily wagers or workcharge employees, who were not regularly appointed, and referred the following questions for decision of larger bench: 1. Whether a daily wager and work charge employee, employed in connection with the affairs of Uttar Pradesh, who is not holding any post whether substantive or temporary is a 'Government Servant' within the meaning of Rule 2(a) of U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974? 2. Whether the Judgment in Smt. Pushpa Lata Dixit v. Madhyamik Shiksha Parishad and Ors.,1991 18 ALR 591; Smt. Maya Devi v. State of U.P. Writ Petition No. 24231 of 1998 decided on 2.3.1998; State of U.P. v. Maya Devi Special Appeal No. 409 of 1998; Santosh Kumar Misra v. State of U.P. and Ors.,2001 4 ESC 1615; and Anju Misra v. General Manager, Kanpur Jal Sansthan, 2004 1 UPLBEC 201, giving benefit of compassionate appointment to the dependants of daily wager and work charge employees, have been correctly decided?
(2.) The questions were referred by Hon'ble Mr. Justice A.N. Ray, the then Chief Justice on 13.5.2005 to a Bench of three judges. A large number of writ petitions and special appeals filed subsequently, on the same questions were connected, with the reference.
(3.) The petitioners are represented by Shri S.P. Shukla, Shri S.K. Misra, Shri L.C. Srivastava, Shri Ashok Tripathi, Shri Bikash Kumar Mishra, Shri Ashok Tripathi, Shri Sunil Kumar Srivastava, Shri Shashi Kant Shukla, Dr. Dharmesh Chaturvedi, Shri Bhoopendra Nath Singh, Shri Rakesh Kumar Singh, Shri K.M. Misra and Shri N.K. Mishra. No other counsel has appeared in the listed matters. Shri M.C. Chaturvedi, Chief Standing Counsel assisted by Dr. Y.K. Srivastava, Standing Counsel appeared for various departments of the State and for State of U.P. in the special appeals.;