- (1.) HEARD learned Counsel for the parties.
(2.) SRI Raj Kumar Srivastava (since deceased) who was working on the post of Chowkidar on daily wage basis in the Public Works Department, unfortunately died on 15.12.2008 leaving behind the petitioner, his mother and two other dependents. On 10.01.2009, the petitioner, who is the son of late Raj Kumar Srivastava made a representation to the Executive Engineer, Provincial Division, Public Works Department, Gonda requesting him to give compassionate appointment to the petitioner under the Dying in Harness Rules. Since no action was taken by the opposite parties on the said representation, the petitioner has preferred the present writ petition praying inter alia the following reliefs: - (a) Issue a writ, order or direction in the natue of certiorari quashing the impugned Government order dated 29.01.2013 passed by the opposite party no. 1 as Annexure No. 1 to this writ petition. (b) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to consider the case of the petitioner for appointment on the compassionate ground ignoring the Government Order dated 29.01.2003 and to give appointment to the petitioner accordingly. (c) Issue any other writ, order or direction which this Hon'ble Court may deem just and proper under the circumstances of the case. (d) Award the cost of the writ petition to the petitioner.
(3.) IN the Government Order dated 29.01.2003 it has been provided that the dependents of employee who were working on work charge basis or daily wage basis in the Public Works Department were not entitled to be appointed under the Dying in Harness Rules. Learned counsel for the petitioner, in support of his case, has relied upon the cases Bharat vs. State of U.P. and Ors,2005 23 LCD 332 and Commissioner of Panchayat Raj, Govt. of Andhra Pradesh, Hyderabad and Anr. vs. Myneni Mangamma and Ors, 2011 LabIC 3076.;