By the Court.—In Pawan Kumar Yadav v. State of U.P. and others, the Court noticed judgments of this Court taking divergent views in the matter of recruitment of dependants of Government servants, dying in harness, where the deceased employees were either daily wagers or workcharge employees, who were not regularly appointed, and referred the following questions for decision of larger bench :

“1. Whether a daily wager and work charge employee, employed in connection with the affairs of Uttar Pradesh, who is not holding any post whether substantive or temporary is a ‘Government Servant’ within the meaning of Rule 2 (a) of U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974?

2. Whether the judgment in Smt. Pushpa Lata Dixit v. Madhyamik Shiksha Parishad and others, 1991 (18) ALR 591; Smt. Maya Devi v. State of U.P. (Writ Petition No. 24231 of 1998 decided on 2.3.1998); State of U.P. v. Maya Devi (Special Appeal No. 409 of 1998); Santosh Kumar Misra v. State of U.P. and others, 2001 (4) ESC (All) 1615; and Anju Misra v. General Manager, Kanpur Jal Sansthan, (2004) 1 UPLBEC 201, giving benefit of compassionate appointment to the dependants of daily