Rajiv Sahai vs Lucknow Producers Cooperative ...
2017 Latest Caselaw 2895 ALL

Citation : 2017 Latest Caselaw 2895 ALL
Judgement Date : 1 August, 2017

Allahabad High Court

Rajiv Sahai vs Lucknow Producers Cooperative ... on 1 August, 2017

Bench: Sudhir Agarwal, Ravindra Nath Mishra-Ii




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 3
 

 
Case :- SPECIAL APPEAL No. - 301 of 2013
 

 
Appellant :- Rajiv Sahai
 
Respondent :- Lucknow Producers Cooperative Milk Union Ltd.Lko.& Ors.
 
Counsel for Appellant :- O.P.Srivastava,V.K.Dubey
 
Counsel for Respondent :- Sudeep Kumar,Shanker Lal
 

 
Hon'ble Sudhir Agarwal,J.

Hon'ble Ravindra Nath Mishra-II,J.

1. Appellant admittedly was engaged on daily wage basis on 04.04.1990. He claimed his appointment under Dying in Harness Rules since his father working with the respondents, died in harness in 1978. Compassionate appointment was given to appellant on 04.04.1990, but learned Senior counsel could not dispute that in 1990 there was no scheme for compassionate appointment applicable with the respondents, and,therefore,alleged appointment could not have been said to have been made under Dying in Harness Rules.

2. The appointment not being made under Dying in Harness Rules, it was independent and being a daily wage appointment did not confer any right upon appellant to continue in service and, therefore, cessation of employment of appellant can not be said to be illegal.

3. We do not find any manifest error in the judgment dated 21.01.2013 passed by learned Single judge in writ petition No. 7068 (SS) of 1993 which has been challenged in this appeal.

4. Appeal is, accordingly, dismissed.

Order Date :- 1.8.2017

Pachhere/-