- (1.) D. P. Singh, J. Heard Counsel for the parties.
(2.) THIS bunch of writ petition raises common question as to whether the dependents of seasonal employees of Cane Co-operative Societies are entitled for compassionate appointment. Since substantial facts and the issues of law involved are same, they are all being decided together. However, for the sake of convenience, the Writ Petition No. 40099 of 2006 is taken up as the leading case. The father of the petitioner was working as a Seasonal Clerk in Sahkari Ganna Vikas Samiti, Daurala in District Meerut. He died in harness on 1-6-2005. The petitioner who holds a high school certificate approached the Cane Commissioner through District Cane Officer through application dated 13-7-2005 and 22-12-2005 but when no action was forthcoming, he preferred Writ Petition No. 9893 of 2006, Kapil Kumar v. State of U. P. & Ors. and a learned Single Judge of this Court without going into the merits of the claim or inviting a counter-affidavit, vide an order dated 17-2-2006 disposed off the writ petition with a direction to the respondents to decide his claim by a reasoned and speaking order within six weeks. In pursuance thereto, the Cane Commissioner vide his impugned order dated 27-3-2006 rejected the claim on the ground that there is no provision in the service rules for compassionate appointment and further in view of a Government Order clarifying that the U. P. Dying in Harness Rules, 1974 does not apply to seasonal employees. The learned Counsel for the petitioner has urged that a seasonal employee draws similar pay scale as a regular employee alongwith allowance and therefore, they are to be treated similarly and since dependents of deceased regular employees are entitled for compassionate appointment, refusal to the dependents of seasonal employees would be hit by Article 14 and on the same premise it is urged that the Government Orders dated 26-5-2000 and 20-12-2006 ought to be quashed.
(3.) BEFORE proceeding further it would be appropriate to examine the status of seasonal employees. The services of all employees of Cane Development Unions or Societies are governed by U. P. Cane Co- operative Service Regulations, 1975 framed under Section 122 of the U. P. Co-operative Societies Act, 1965. Under Chapter II, Regulation 3, the members of service have been classified where the permanent staff and seasonal staff have been differently classified. Though initially the seasonal staff was entitled only to a fixed pay but the Cane Commissioner sanctioned a regular pay scale to them. Under Chapter III power to fix strength of different categories of the regular staff and their recruitment has been provided. The seasonal staff, as the name itself suggests, are appointed only for crushing season. Under Chapter IV, Regulation 21 they are to be categorized in 'a' and 'b' categories on the basis of their work and worth during the previous crushing season. The strength of employment of seasonal staff has to be determined by the Committee of Management of the Union or Society and subject to availability of work the seasonal staff categorized as 'a' would be entitled for automatic re-employment in the next session but in case the work load or strength is reduced in any particular year, they cannot seek re- employment subject to their seniority. Disciplinary proceedings against seasonal staff has to be completed within the season itself vide Regulation 27 but at the end of the crushing season it would automatically be dropped. Under Regulation 34, the services of any seasonal staff may be terminated at any time on a week's notice or its salary in lieu thereof. Under Regulation 40 read with Regulation 41 and its schedule thereof, all posts in the permanent cadre are to be filed to the extent of 50% through direct recruitment and 50% by preferment/promotion from the seasonal staff, subject to their qualification and seniority.;