Prakash Krishna, J. - (1.) Feeling aggrieved by the order dated 16th September, 1999, whereby the State Government refused to approve the appointment of the petitioner made in the dying in harness rules, the petitioner has filed the present writ petition.
(2.) The facts of the case in brief are as follows:- Sri Mahesh Chand, the husband of the petitioner was appointed on substantive vacancy as part-time tube-well operator vide order dated 7th November, 1985. He continued to work as such on the aforesaid post. It appears that thereafter a dispute was raised by all such part-time tube-well operators on the ground that they are entitled for equal treatment as admissible to full-time tube-well operators and be treated as full-time tube-well operators. A writ petition through Union namely Ansha Kalik Nalkoop Chalak being Writ Petition No. 3568 of 1995 was filed before the Lucknow Bench of this Court for grant of equal pay and status like other tube-well operators and regularisation of their services. The said writ petition was decided in their favour. It was allowed. Against the order of the High Court the State of U.P. filed Special Leave Petition before the Supreme Court and the matter was decided by the Supreme Court by its judgment and order dated 18th October, 1995. In pursuance of the direction issued by the Apex Court the Government issued Government order dated 2nd April, 1996 treating in all 3783 employees covered by the decision of the Apex Court. A copy of the said Government Order has been filed as Annexure-3 to the writ petition. In the said Government Order the fact that Mahesh Chand the husband of the petitioner had filed Writ Petition No. 6154 of 1996 finds place.
(3.) According to the petitioner, her husband continuously worked on the post of tube-well operator from the date of his appointment till the date of his death without any break in service.;