TMI Blog2004 (10) TMI 628X X X X Extracts X X X X X X X X Extracts X X X X ..... shell are as follows: Respondent s husband was appointed as a part-time tubewell operator on 14.6.1989. While Uttar Pradesh Recruitment of Dependents of Government Servant Dying-in-Harness Rules, 1974 (in short the 1974 Rules ) were in operation, in compliance with the judgment passed by this Court in some cases on 16.12.1996 Uttar Pradesh Sinchai Vibhag Mein Nalkoop Chalakon Ke Pado Par Anshalik Nalkoop Chalakon Ke Viniyamitikaran Niyamawali, 1996 (hereinafter referred to as the 1996 Rules ) was notified and same was made applicable with effect from the date of notification. Under Sub-rule (1) of Rule 4 of the said Rules, the cut off date was fixed to be 1.10.1986. On 26.10.1998 a Government order was issued by the State Govern ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l for the appellants submitted that the direction given by the learned Single Judge that the appointment should be made during the pendency of the writ application ignoring the Government Order dated 26.10.1998 is clearly unsustainable. Division Bench of the High Court did not consider legality of the order and without going into the merits straightaway disposed of the appeal on purportedly humanitarian ground. It was submitted that the direction as given by the learned Single Judge and affirmed by the Division Bench run counter to the specific provision in the operative Government Order. Per contra, learned counsel for the respondent submitted that both the learned Single Judge and the Division Bench have acted on humanitarian ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Dr.) v. Abdul Khalik Mohd. Musa and Ors. (1995 Supp (2) SCC 593), Shiv Shankar and Ors. v. Board of Directors, U.P.S.R.T.C. and Anr. (1995 Supp (2) SCC 726) and Commissioner/Secretary to Govt. Health and Medical Education Department Civil Sectt., Jammu v. Dr. Ashok Kumar Kohli (1995 Supp (4) SCC 214).] No basis has been indicated as to why learned Single Judge thought the course as directed was necessary to be adopted. Even it was not indicated that a prima facie case was made out though as noted above that itself is not sufficient. We, therefore, set aside the order passed by learned Single Judge as affirmed by the Division Bench without expressing any opinion on the merits of the case we have interfered primarily on the ground that the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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