Dharmendra Kumar vs State of Up

I.M. Quddusi, J.—Heard learned counsel for the petitioner and the learned Standing counsel.

By means of this writ petition the petitioner has prayed for a writ in the nature of mandamus commanding the opposite parties to appoint the petitioner under DyinginHarness Rules.

The father of the petitioner namely late Subhash Chandra Singh was Tubewell operator, who died in harness on 13.12.1996. His representation for appointment under DyinginHarness rules has been rejected. Since the petitioner''s father was a part time operator, he cannot be given benefit under the DyinginHarness rules, it is to be noticed that all parttime tubewell operator have been given the benefit of full time service and redesignated as Tubewell Assistants at the relevant time. In the case of Mazdoor Sangh v. State of U.P. and others. 1998 UPLBEC page 9, it has been held that the so called part time tubewell operator were equal to full time tubewell operator and were entitled to equal pay of full time tubewell operators. In this regard a decision in similar case has already been passed in Civil Misc. Writ Petition No.11226 of 1998, Smt. Phoola Devi v. State of U.P. and another.

In view of the above mentioned facts and circumstances of the appointment of the petitioner under DyinginHarness rules is liable to be considered, considering the father of the petitioner as full time tubewell operator.

In the result the writ petition is allowed. A writ in the nature of mandamus is issued commanding the opposite parties to consider the appointment of the petitioner under DyinginHarness rules treating the father of the petitioner, who died in harness on 13.12.1996, as full time tubewell operator.

The above order shall be complied with within 90 days from the date of production of a certified copy of this order.

(Petition allowed)