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2009 Supreme(SC) 1111

S.B.SINHA, MUKUNDAKAM SHARMA
General Manager, Uttaranchal Jal Sansthan – Appellant
Versus
Laxmi Devi – Respondent


Advocates appeared:
For the Appellant :Jatinder Kumar Bhatia, Advocate.
For the Respondents:Mrs. Rachana Joshi Issar, Shailendra Kumar, Ms. Nidhi Tewari, Surabh Soman Sinha, Gaurav Agrawal, Advocates.

JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. Whether dependent of a deceased who was not a permanent or temporary employee would be entitled to appointment on compassionate ground is the question involved in these appeals.

3. Before, however, adverting to the said legal issue, we may notice the factual matrix involved in both the maters.

Appeal arising out of SLP (C) No.15469 of 2006

4. Husband of respondent No.1 herein, late Balam Singh had been working as a Chowkidar under the UP Jal Nigam since 1st August 1989 as a daily wage labourer. On or about 16th April 1991 the services of Sri Balam Singh were transferred to the Kumaon Jal Sansthan, Some time around 2001 the deceased filed a writ petition No. 997 (SS) of 2001 seeking regularization of his services. On or about 11.5.2001 the High Court passed the following interim order in the said petition:

“In the meantime the respondent are directed to pay minimum pay scales as is being paid to the similarly situated persons and consider the case of the petitioners for regularization”

However, soon thereafter, on or about 25th April, 2002 he died. Admittedly he had worked for more than 12 years till the time of his death as a daily wage



































































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