Neutral Citation No. - 2025:AHC:22193 Court No. - 5 Case :- WRIT - A No. - 15933 of 2021 Petitioner :- Ramasheesh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prem Chand Pandey,R.R. Pandey Counsel for Respondent :- C.S.C.,Mritunjay Mohan Sahai,R. B. Tripathi Hon'ble Ajay Bhanot,J. Heard Shri Prem Chand Pandey, learned counsel for the petitioner, learned Standing Counsel for the State- respondent No. 1 and Shri Rajbanshi Tripathi, learned counsel for the respondents No. 2 to 4. The petitioner claims regular salary on the post of Conductor and to treat his appointment as a permanent one made against a substantive post. The father of the petitioner died on 11.01.1999. The petitioner applied for appointment under the U.P. Recruitment of Dependants of Government Servant (Dying in Harness) Rules, 1974 (hereinafter referred to as "Dying in Harness Rules") on 25.05.1999. The aforesaid application was duly received and forwarded to the competent authority for final decision for almost a decade no appointment was made. The petitioner was later appointed as a Conductor on 25.09.2013 on contractual basis. It is undisputed that the appointment of the petitioner was made under the dying in harness rules. The application was submitted by the petitioner promptly and within the period of limitation. The delay in processing the appointment was caused by the respondents without showing good cause. The law is settled that an appointment made under the compassionate grounds is a substantive appointment. In this regard the reference profitably be made to the judgment rendered by the Division Bench of this Court in Ravi Karan Singh vs. State of U.P. and others reported at 1999 (3)UPLBEC 427 held as under:- "2. In our opinion, an appointment under the Dying-in-Harness Rules has to be treated as a permanent appointment otherwise if such appointment Is treated to be a temporary appointment, then it will follow that soon after the appointment, the service can be terminated and this will nullify the very purpose of the Dying-in- Harness Rules because such appointment is intended to provide immediate relief to the family on the sudden death of the bread earner. We, therefore, hold that the appointment under Dying-in -Harness Rules is a permanent appointment and not a temporary appointment, and hence the provisions of U. P. Temporary Government Servant (Termination of Services) Rules, 1975 will not apply to such appointments. " In the wake of preceding discussion, the appointment of the petitioner shall be considered as a permanent appointment w.e.f. 03.10.2013. The petitioner shall be granted all consequential benefits from the said date. The writ petition is allowed. Order Date :- 17.2.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad