- (1.) A writ petition filed by the appellant seeking compassionate appointment in the Madhyamik Shiksha Parishad under the Uttar Pradesh Recruitment of Dependents of Government Servant (Dying in Harness) Rules, 1974 and seeking to set aside an order passed by the Deputy Secretary rejecting the claim, has been dismissed by the learned Single Judge.
(2.) The spouse of the appellant who was a daily wager, was appointed on 6 May 1985. His services were dispensed with on 1 January 1987. His claim was adjudicated by the Labour Court at Allahabad in Case No 56 of 1991 where, by an award dated 2 August 1995, reinstatement was granted with continuity of service. A writ petition filed to challenge the award was dismissed and the special leave petition was also dismissed. Eventually, the spouse of the appellant was reinstated on 31 May 2012. The order of reinstatement did not confer permanency or regularization since the reinstatement was in the same position which he had held prior to the order of termination, namely as a daily wage employee.
(3.) On these facts, the learned Single Judge has relied upon the judgment of a Full Bench of this Court in Pawan Kumar Yadav Vs State of U P, 2010 8 ADJ 664, where it has been held that a daily wager or work charged employee is not a government servant within the meaning of Rule 2(a) of the U P Recruitment of Dependents of Government Servant (Dying in Harness) Rules, 1974 and his dependents on his death while in service are not entitled for appointment on compassionate grounds. This view of the learned Single Judge which is based on the judgment of the Full Bench cannot be faulted.;