Court No. - 28
Case :- WRIT - A No. - 2949 of 2019 Petitioner :- Smt. Om Devi Respondent :- State Of U.P. Through Secretary, Min. Of Local Bodies, Lucknow And 2 Others Counsel for Petitioner :- Dhan Pal Counsel for Respondent :- C.S.C.,Hemant Kumar Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri Dhan Pal, learned counsel for the petitioner, learned standing counsel for respondent nos.1 and 2 and Sri Hemant Kumar, learned counsel for respondent no.3.
The grievance of the petitioner is that her husband Late Ram Das Maurya, who was working as Tax Collector died on 20.1.2015. The son of the petitioner was given compassionate appointment under the Dying-in-Harness Rules, 1974 in Class-
IV. However, the retiral benefit of Late Ram Das Maurya has not been given to the petitioner, on the ground that he was a daily wager and as such is not entitled for counting of daily wager service for the purposes of pensionery benefits.
Learned counsel for the petitioner has placed reliance of the earlier order of this Court dated 25.7.2018, passed in Writ-A No.15898 of 2018.
Sri Hemant Kumar, learned counsel appearing for respondent no.3 submits that a decision is to be taken by respondent no.1. He further submits that the petitioner has made a representation to respondent no.2.
Accordingly, without entering into the merits of the case, the writ petition is disposed of with a direction to respondent no.2 to consider and decide the representation of the petitioner in the light of the earlier order passed in Writ-A No.15898 of 2018, within a period of four months from the date of production of a certified copy of this order.
Order Date :- 25.2.2019 AKJ