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2002 Supreme(All) 1912

S.N.SRIVASTAVA
SUNIL KUMAR – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
J.P.Tripathi, PREM CHANDRA

S. N. SRIVASTAVA, J.

( 1 ) THE short question that looms large in this petition is whether the services of dependent of a government servant dying-in-harness could be dispensed with as a sequel to the directions contained in the Government order dated 2. 5. 2002.

( 2 ) MATRIX of the necessary facts is that petitioners father, namely, late Hari Prakash, who had been serving as Safai Karamchari in the Nagar Nigam, Ghaziabad, died on 28. 2,2001. Thereafter, petitioner applied for compassionate appointment and consequently, he was offered appointment on the vacant post held by his father though on daily wage basis vide order dated 3. 7,2001 and was attached to Health Department of the Nagar Nigam. It would transpire from the record that State Government issued Government order dated 2nd May, 2002, addressed to mukhya Nagar Adhikari, Nagar Nigam, Gorakhpur, the text of which was that the benefit of dying-in-harness rules would not be applicable to daily wage employees and as such appointment under dying-in-harness rules on death of a daily wage employee was invalid, attended with further direction to terminate the services of all casual employees under intimation to the Government. It w








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