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1999 Supreme(All) 795

M.KATJU
SAROJ DEVI – Appellant
Versus
STATE OF UTTAR PRADESHTHROUGH THE SECRETARY, DEPARTMENT OF IRRIGATION, GOVERNMENT OF U. P. , LUCKNOW – Respondent


Advocates Appeared:
Bhoopendra Nath Singh

( 1 ) HEARD learned counsel for the petitioner and learned standing Counsel. The petitioner is a widow with four small children. The petitioners husband died in harness on 4. 5. 1998 and she has claimed appointment under Dying in and Harness Rules.

( 2 ) LEARNED Standing Counsel has submitted that no appointment under Dying and Harness Rules can be given to the petitioner in view of the decision of the Supreme Court in State of haryana Vs. Rani Devi J. T. 1996 (6) page 646. He has invited our attention to paragraph 8 of the said judgment in which it has been held that a casual or ad hoc appointee cannot be given benefit of the g. O. dated 31. 10. 1985, I have carefully perused the aforesaid decision and in my opinion, it is distinguishable. The petitioners husband was not a purely casual or ad hoc employee. He was a temporary appointee who had worked against a substantive vacancy from 18. 4. 1987 and had worked for more that 11 years. The decision of the Supreme Court applied to a case of a casual or ad hoc appointee e. g. a person appointed for a period of one month who died after 20 days of appointment. In case of such a casual appointee obviously the benefit of Dying and Harness





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