State cannot be permitted to repudiate conditions of service which are beneficial to employees like Compassionate appointment
Petitioner approached Allahabad High Court with the grievance that her claim for compassionate appointment in place of her deceased mother was rejected, on the ground that her mother was an employee of District Rural Development Agency (DRDA) and U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules shall not apply to DRDA, it being a society and not a State.
However, it is observed that the State Government has all-pervasive control over the administration of DRDA and all DRDAs existing in various districts of State have a uniform administrative setup, created by the State Government under directions of the Central Government. Although the governing body of DRDA is appointing authority of its employees, the same would be subject to directions issued by Central or State Government. It is according to said power of the State Government, which is undisputed, that notification dated 17.03.1994 was issued particularly to fill in the void created due to the fact that no service rules were notified concerning employees of DRDA. No specific service condition has been indicated about the compassionate appointment but a reading of paragraph 2 (9) of Government Order indicates that other matters which are not covered specifically with Government Order or any other special order about employees of DRDA would be regulated by such rules, regulations and orders which generally apply to Government servants serving concerning affairs of State. There is no specific exclusion of compassionate appointment being granted to employees of DRDA in terms of 1974 Rules. Matters about the compassionate appointment of employees of DRDA would constitute the condition of service as envisaged under Government Order dated 17.03.1994.
A perusal of Government Order does make it evident that service rules applicable upon Government servants concerning appointment, seniority, promotion, reservation etc. have been made applicable upon employees of DRDA. Although, said rules are specifically mentioned in Government Order while omitting any such specific mention concerning 1974 Rules but because of paragraph 2(9), denial of applicability of 1974 Rules would come within the purview of doctrine of approbate and reprobate.
Since the State Government has the power to issue orders such as Government Order dated 17.03.1994 to fill in void about service conditions of employees of Government Order and also because of paragraph 2(9) of Government Order, it is clear that Rules of 1974 would be applicable upon employees of DRDA.
Counsels : Vijay Kumar Srivastava,Upendra Nath Mishra, C.S.C.,Sultan Akhtar
