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2001 Supreme(All) 696

PRADEEP KANT
SANTOSH KUMAR MISHRA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
RAHUL SRIVASTAVA

PRADEEP KANT, J.

( 1 ) COUNTER-AFFIDAVIT and rejoinder-affidavit have been exchanged.

( 2 ) WITH the consent of the parties, the Writ Petition is being disposed of finally.

( 3 ) THE petitioner Santosh Kumar Misra applied for being appointed in the Department of irrigation, Government of Uttar Pradesh, Lucknow on compassionate ground as his father sheetla Prasad while in service in the said department died in-harness on 1. 4. 1999. The petitioners father Sheetla Prasad was engaged as a daily wager on a muster roll with effect from 15. 6. 1986 and was allotted the work of Chowkidar. He continuously worked as Chowkidar as a muster roll employee and later on in pursuance of the scheme as enumerated in the case of Raj narain Prasad and Ors. v. State of U. P. and Ors. , (1998) 8 SCC 473, his services were converted into that of a work charge employee on 13. 8. 1997. Sheetla Prasad (since deceased) continued to work upto 31. 3. 1999.

( 4 ) THUS, it is the admitted case of both the parties that the petitioners father was earlier engaged on muster roll on 5. 6. 1986 and later on he was appointed on work charge establishment on 13. 8. 1997 and that the remained in continuous employment righ





















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