AFR Neutral Citation No. - 2025:AHC:78412 Court No. - 5 Case :- WRIT - A No. - 790 of 2020 Petitioner :- Rajan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sikandar Khan,Sudhanshu Pratap Singh Counsel for Respondent :- C.S.C.,Jagannath Maurya,Mukesh Kumar Kushwaha Hon'ble Ajay Bhanot,J. 1. Heard Shri Sudhanshu Pratap Singh, learned counsel for the petitioner, learned Standing Counsel for the State- respondent No. 1 and Shri J.N. Maurya, learned counsel for the respondents No. 2 and 3. 2. The petitioner claims that he is entitled to be appointed on compassionate grounds in the respondent-corporation. The father of the petitioner was engaged as a muster roll employee in the respondent-corporation who died in harness. 3. The status of the petitioner's father as a muster roll employee was also noticed by this Court in Writ C No. 21057 of 2010 (U.P. State Bridge Corporation Limited and another vs. U.P. Rajya Setu Nigam Sanyukt Karmchari Sangh and another) and the companion writ petition. The father of the petitioner was a party to the aforesaid writ petitions. 4. The specific pleadings in regard to the status of the petitioner's father as a muster roll employee made by the respondents have not been traversed in the rejoinder affidavit or from the records. 5. In this wake, the Court comes to a conclusion that the father of the who died on 06.06.2016 was a muster roll employee. 6. The entitlements of the dependants of muster roll employees to appointment on compassionate grounds arose for consideration before the learned Full Bench in Pavan Kumar Yadav vs. State of U.P. and others reported at (2010) 8 ADJ 664 (ALL). The learned Full Bench has held as under:- "1. A daily wager and workcharge employee employed in connection with the affairs of the Uttar Pradesh, who is not holding any post, whether substantive or temporary, and is not appointed in any regular vacancy, even if he was working for more than 3 years, is not a 'Government servant' within the meaning of Rule 2 (a) of U.P. Recruitment of Dependants of Government Servant (Dying in Harness) Rules, 1974, and thus his dependants on his death in harness are not entitled to compassionate appointment under these Rules. " 7. " 7. A muster roll employee in the likeness of daily wager and workcharge employee is not a government servant "within the meaning of Rule 2 (a) of the U.P. Recruitment of Dependants of Government Servant (Dying in Harness) Rules, 1974 8. The law laid down by the learned Full Bench in Pavan Kumar Yadav (supra) shall also be applicable to muster roll employees. The petitioner being the son of a muster roll employee is not entitled for appointment on compassionate grounds in the respondent-corporation. 9. The prayer made by the learned counsel for the petitioner for grant of appointment on compassionate ground is declined. 10. After the order was dictated, Shri Sudhanshu Pratap Singh, learned counsel for the petitioner submits that some of the dues and entitlements of the petitioner's late father have not been disbursed. The same may be released to the petitioner and other legal heirs of the deceased employee. 11. Shri J.N. Maurya, learned counsel for the respondent- corporation fairly submits that any such claim of the petitioner is liable to be processed by the respondents in a reasonable period of time. 12. In this wake, the writ petition is disposed of with the following directions:- i) The petitioner shall submit an application for various dues to which he and other legal heirs claims entitlements to the respondent No. 3. ii) The respondent No. 3 shall decide the aforesaid representation of the petitioner within a period of four months from the date of receipt of a certified copy of this order along with a fresh copy of the representation. Order Date :- 13.5.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad