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2014 Supreme(All) 985

RAKESH SRIVASTAVA
ANARA DEVI – Appellant
Versus
AYUKT, KHADYA EVAM RASAD – Respondent


Advocates:
Counsel :
S.P. Dubey for the Petitioner; C.S.C. for the Respondent.

JUDGMENT

Hon’ble Rakesh Srivastava, J.—Sri Banwari Lal, the husband of the petitioner and an employee of the opposite parties, unfortunately died in harness. After the death of Sri Banwari Lal, by an order dated 5.9.1985 passed by the Regional Food Controller, Faizabad Region, Faizabad, the petitioner was appointed, on ad hoc and temporary basis, to the post of Watchman under The Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (“Dying in Harness Rules”) and was posted at Bahraich Center. It was stated in the appointment order that since the petitioner was appointed on absolutely ad hoc and temporary basis, the services of the petitioner were liable to be terminated at any time, without notice.

2. In pursuance of her appointment order, the petitioner joined the department and started working. After completing ten years of service, by an order dated 30.4.1998, the services of the petitioner, alongwith other employees mentioned in the said order, were regularized. The petitioner continued to work in the department till she attained the age of superannuation on 30.9.2005. After her superannuation, the petitioner requested the opposite parties




















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