Hon’ble Rajes Kumar, J.—The petitioner is claiming compassionate appointment on account of death of his father, who died on 29.9.2007 under the U.P. Recruitment of Dependents of Government Servants Dying in Harness, Rules, 1974 (hereinafter referred to as (“Dying in Harness, Rules, 1974”).

2. The contention of the petitioner is that his father was employed as a daily wager on the post of Forest Guard in the year 1984 in Badaun. In pursuance of the order of the Apex Court in the case of State of U.P. and others v. Putti Lal, (2006) 9 SCC 337, he was getting minimum pay-scale of the pay-scale of the regular employee. On 24.5.2008, the petitioner’s mother had requested respondent to extend the benefit of Dying in Harness Rules, 1974 to the petitioner, the son of the deceased, and also claimed pension. The Divisional Director Social Forestry Division, Badaun, District Badaun wrote a letter to the District Magistrate, Badaun dated 3.6.2008 stating therein that Late Sri Ram Pal was working as a daily wager in the minimum of pay-scale, died on 29.9.2007 and since he was working as a daily wager, the dependants of the deceased are not entitled for the benefit of pension and compassi