Km. Kalyani Mehrotra vs. State Of U.P. - (High Court of Allahabad) (05 May 2021)

Provisions of compassionate appointment are applicable upon employees of the District Rural Development Agency

MANU/UP/0592/2021

Service

The writ Petitioner had challenged an order whereby claim for grant of compassionate appointment under the U.P. Recruitment of Dependents of Government Servant Dying in Harness Rules, 1974 ('1974 Rules') was rejected on the ground that the same are inapplicable in the case of employees, such as mother of the writ Petitioner, who was employed in the District Rural Development Agency (DRDA) since, the same is a Society registered under the Societies Registration Act, 1860.

Questions have been referred to present Bench is Whether in view of the provisions of Government Order dated 17th March, 1994, particularly clause 9 thereof, the provisions of the Rules of 1974 would be application upon the employees of DRDA and whether the judgment of Division Bench in State of U.P. vs. Ajeet Kumar Shahi, requires reconsideration in light of the Government Orders dated 17th March, 1994 and 18th July, 2016.

A perusal of the Government Order does make it evident that, the service rules applicable upon Government servants with regard to appointment, seniority, promotion, reservation etc. have been made applicable upon employees of the DRDA. The Government Order clearly specifies that, the directions issued vide the Government Order would be applicable across all the DRDAs without exception and would not be dependent upon its adoption by individual DRDAs. The provision enabling the various DRDAs to make rules or sub-rules in terms of the directions is merely consequential and the directions issued by the Government Order are not at all dependent upon the DRDAs adopting the same or making rules in terms thereof. As such, the submission of learned State Counsel that the provisions of the Government Order are only enabling does not appear to be a correct position, particularly when it is undisputed that other service rules regarding Government employees are already being enforced upon the employees of the DRDAs throughout the State without any specific adoption or Rule having been made thereunder.

The State Government has the power to issue orders such as the Government Order dated 17th March, 1994 in order to fill in the void pertaining to service conditions of employees of Government Order and also in view of paragraph 2(9) of the Government Order, it is clear that, the Rules of 1974 would be applicable upon the employees of the DRDA.

In view of the provisions of Government Order dated 17th March, 1994, particularly clause 2(9), the provisions of the U.P. Recruitment of Dependents of Government Servant Dying in Harness Rules, 1974 would be applicable upon employees of the District Rural Development Agency. The judgment of Division Bench in State of U.P. vs. Ajeet Kumar Shahi having been passed in ignorance of Government Order dated 17th March,1994 is held not to be a good law and is, therefore, overruled. The reference is answered accordingly.

Tags : COMPASSIONATE APPOINTMENT RULES APPLICABILITY