- (1.) RAKESH Tiwari, J. Heard Counsel for the parties and perused the record.
(2.) LATE Onkar Nath Sharma, father of the petitioner died in harness on 18-6-1989. The petitioner applied for appointment under the U. P. Recruitment of Dependents of Government Servants (Dying in Harness) Rules, 1974 and was appointed on the post of temporary Junior Clerk vide order dated 22-2-1990. Thereafter, her services have been terminated on 6-9-1990 on the ground of her being underage by four months at the time of her appointment. Counsel for the petitioner submits that appointment under U. P. Recruitment of Dependents of Government Servants (Dying in Harness) Rules, 1974 is permanent in nature and services of an employee appointed under the aforesaid Rules cannot be terminated without any prior notice or opportunity of being heard. Counsel for the petitioner informed the Court that the petitioner has been in continuous service till date on the strength of interim order dated 11-10-1990 passed by this Court. It is submitted that the petitioner having been appointed under the provisions of U. P. Recruitment of Dependents of Government Servants (Dying in Harness) Rules, 1974, she shall be treated to be permanent employee as has been held in paragraph 9 of the decision in Kamlesh Kumar Pandey v. State of U. P. and Anr. , 2002 (1) LBESR 342 (All) : 2001 (4) ESC 1612, which is quoted below : " (9) The second submission of the petitioner is that petitioner should not be treated as a 'temporary employee' on the basis of his appointment letter dated 18-4-2000 (Annexure 6 to the writ petition ). The contention of the petitioner has substance and deserves to be accepted for the following reasons : The appointment letter itself shows that petitioner was offered appointment on the probation of one year. Earlier recital in the appointment letter to the effect that petitioner's services were temporary and liable to be determined without prior notice gets nullified by subsequent recital providing for appointment on probation. Even otherwise, it is well-settled through several decisions of this Court that appointment under Dying in Harness Rules on compassionate ground should not be for short term or on temporary basis. This court has held time and again that compassionate appointee is not to be left on the mercy of the authorities offering employment refer to 1999 (2) ESC 792 (DB) and 1991 ALJ 1475. "
(3.) HE further submits that the appointment order dated 22-2-1990 contained in Annexure 1 to the writ petition clearly shows that the Joint Commissioner (Administration) Sales Tax, Lucknow vide his letter dated 6-1-1990 had informed that the petitioner had been given relaxation in age by the Commissioner of Sales Tax. At the time of entering into service, the petitioner was 17 years and 8 months old. The aforesaid letter further provides that the petitioner was directed to join her duties by 28-2-1990 if the terms and conditions of appointment were acceptable to her. The relevant extract of the appointment letter is as under :;