Judgment

Arijit Pasayat, J.

( 1 ) LEAVE granted.

( 2 ) THE State of U. P. calls in question legality of the judgment passed by a Division bench of the Allahabad High Court dismissing the Special Appeal filed by the present appellants. The Division Bench upheld the interim order passed by learned Single Judge dated 24. 6. 2002 in Writ Petition No. 3334/2002 (SS ).

( 3 ) BACKGROUND facts as projected by the appellants in a nutshell are as follows: respondents husband was appointed as a part-time tubewell operator on 14. 6. 1989. While Uttar Pradesh Recruitment of dependents of Government Servant Dying-in-Harness Rules, 1974 (in short the 1974 Rules) were in operation, in compliance with the judgment passed by this Court in some cases on 16. 12. 1996 Uttar Pradesh Sinchai Vibhag mein Nalkoop Chalakon Ke Pado Par Anshalik nalkoop Chalakon Ke Viniyamitikaran niyamawali, 1996 (hereinafter referred to as the 1996 Rules) was notified and same was made applicable with effect from the date of notification. Under Sub-rule (1) of Rule 4 of the said Rules, the cut off date was fixed to be 1. 10. 1986. On 26. 10. 1998 a Government order was issued by the State Government clarifying that under the