Learned counsel for the petitioner contends that the petitioner claims employment on compassionate grounds under the Uttar Pradesh Recruitment of Dependents of Government Servant Dying-in-Harness Rules, 1974 (for short 'the Dying in Harness Rules, 1974'). Learned counsel further contends that the claim of the petitioner has been rejected vide order dated 21.3.2012 (Annexure-10) on the premise that the petitioner was a seasonal employee. Learned counsel also states that the deceased was not a seasonal employee, insomuch as family of the deceased employee is getting the family pension after death. Case would be covered under the provisions of Section 2(a)(ii) and 2(a)(iii) of the Dying in Harness Rules, 1974.
Let counter affidavit be filed within three weeks from today as to under what circumstances case of the petitioner has been treated as that of family of a seasonal employee.
Rejoinder affidavit, if any, be filed within two weeks thereof.
List thereafter.
Order Date :- 27.9.2012 A.Nigam