- (1.) Petitioner's father was appointed as Part-time Tube Well Operator on 26.3.1987 and was paid salary @ Rs. 299/- per month. The salary of the petitioner' father was fixed in the pay scale of Rs. 950-1500/- with effect from 18.5.1994 and thereafter w.e.f. 1.1.1996 his salary was fixed in the pay scale of Rs. 3050-4590. He continuously worked on the said post without any break.
(2.) It is contended by the learned counsel for the petitioner that the petitioner's father was working in clear vacancy even though on temporary basis for more than 19 years. Petitioner's father is stated to have died on 19.9.2006. After death of his father, petitioner moved an application before the Executive Engineer, Nalkoop Khand, Jaunpur seeking employment under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as the Rules). The application of the petitioner was rejected on the ground that the deceased was not a regular employee of the department and as such, the benefit of the aforesaid rules cannot be given to him.
(3.) I have heard learned counsel for the parties. Rule 2(2) of the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 is quoted below : 2. Definitions.--In these rules, unless the context otherwise requires : (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 (ii) though not regularly appointed, had put in three years continuous service in regular vacancy in such employment. Sub-rule (ii) of the aforesaid Rules contemplates that a person would be Government servant if he is regularly appointed even temporary. The case of the petitioner is that his father has continuously worked on the aforesaid post right from the year 1987, even though his services had not been regularized in terms of the rules of 1996. His case for regularisation of services was rejected on account of the fact that he was appointed after the cut-off date provided.;