RAJIV SHARMA, J. - (1.) HEARD learned counsel for the petitioner and learned Standing Counsel.
(2.) BY means of this petition, the petitioner prays that a direction be issued by this Court to the respondents to consider the case of the petitioner for appointment in Class-IV category in the department of the respondents under the provisions of Dying-in-Harness Rules, 1974. Submission of learned counsel for the petitioner is that father of the petitioner (Rameshwar Prasad Yadav), while working on the post of Work Charge Establishment in the department of the respondents, died on 12.11.2007 in harness. Thereafter the petitioner applied for compassionate appointment by moving representation under the aforesaid rules on 20.2.2008 and 13.8.2008 respectively but the respondents are not considering the case of the petitioner under the aforesaid rules on the pretext that there being a Government Order dated 29.01.2003 which prohibits the grant of benefit to such persons who died while working on the post of Work Charge Establishment and their heirs cannot be given benefit of the aforesaid rules.
(3.) FURTHER submission of learned counsel for the petitioner is that since the Government order dated 29.01.2003 has been stayed by this Court in the case of Sunil Kumar Vs. State of U.P. and Ors [2003(1) UPLBEC page 489] and 'Satya Narain Vs. State of U.P. and Ors passed in Writ Petition No. 4108 (SS) of 2002 on 20.12.2004, as such, the petitioner is entitled being dependent of Rameshwar Prasad Yadav for employment under the aforesaid rules.;