SANJAY MISRA, J. - (1.) HEARD the learned counsel for the petitioner and the learned Standing Counsel appearing on behalf of the respondents.
(2.) BY means of this writ petition the petitioner seeks quashing of order dated 25.1.2000 communicated by letter dated 28.1.2000 passed by respondent No. 2 (Annexure -12 to the writ petition) whereby the claim for appointment of the petitioner under Dying in Harness Rules, 1974 has been refused. It has been stated by the petitioner that in the aforesaid communication, no reason has been given for such denial and as such the same is liable to be quashed by this court. It is further stated that the petitioner is entitled for compassionate appointment in place of his deceased father who was a Tube -well Operator having been given appointment in the year 1987. The appointment letter dated 19.3.87 has been filed as Annexure -4 to the writ petition. The appointment was temporary for a period of three years and he could be considered for re -appointment. Prior to joining he was to be given fifteen days training and his salary was fixed at Rs. 299.00 per month. He was also entitled to leave as per conditions given in the appointment letter. It has been stated that late Kashi Nath Chaube had filed a writ petition, No. 9507 of 1996 claiming parity of pay with other regular tube well operators in view of the decision of this court in Writ Petition No. 3558(S/S) 1992. By an order dated 20.5,92 he was posted as Tube -well Assistant on a salary of Rs. 550.00 per month and the nature of his duties was also defined. It is stated that the petitioner's late father was posted as Gram Panchayat Vikas Adhikari by virtue of G.O. dated 30.6.99 and his name finds place at serial No. 40 of the list dated 97.99 prepared by the District Magistrate. It is the contention of the petitioner that his late father had worked for a period of nearly 12 years whereafter he died on 20.8.99 while in active service. The petitioner made an application dated 29.12.99 for [ appointment of the petitioner on compassionate ground claiming that the petitioner's qualification is Intermediate.
(3.) A counter affidavit has been filed by the respondent wherein the facts as averred by the petitioner have not been disputed. However, it has been stated that by virtue of Government Order dated 26.10.98 (filed as Annexure -4 to the counter affidavit) the dependants of part time Tube -well Operators are not entitled to the benefits of compassionate appointment under the Dying in Harness Rules, 1974.;