Court No. - 34
Case :- WRIT - A No. - 77179 of 2005 Petitioner :- Deolal Respondent :- State Of U.P. And Others Counsel for Petitioner :- Rajesh Nath Tripathi, Lalit Kumar Mishra Counsel for Respondent :- C.S.C.,M.R. Jaiswal
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Ajay Kumar Srivastava, Advocate, holding brief of Sri Lalit Kumar Mishra, Advocate, for petitioner and learned Standing Counsel for respondents.
2. Petitioner's father was employed as work-charge employee and after his death, petitioner's claim for compassionate appointment as also for retiral benefits has been rejected.
3. A Full bench of this Court in Pawan Kumar Yadav Vs. State of U.P. 2010 (8) ADJ 664 (FB) has held that a work-charge Employee is not a 'Government servant' within the meaning of Rule 2 (a) of Rules, 1974, and thus his dependants on his death in harness are not entitled to compassionate appointment. Moreover, pension is also not payable to work-charge employee as held by another Full Bench of this Court in Babu @ Babu Ram Vs State of U.P. and others 2016 (3) ADJ 149.
4. In view thereof, no relief can be granted.
5. Dismissed.
Order Date :- 14.9.2018 PS