KRISHNA SAXENA Vs. STATE OF UP

JUDGEMENT

(1.) THE petitioner is daughter-in-law of Late Chameli Devi who died in harness as Assistant Teacher of a Primary School. THE petitioner is the sole survivor and successor of her mother-in-law and her contention is that she is entitled for appointment under the Dying In Harness Rules.

(2.) A counter affidavit has been filed by the respondents stating therein that such a benefit is not available to the daughter-in-law as she does not fall within the definition of family under the Dying In Harness Rule.

(3.) THE aforesaid clause in turn refers to the definitions of class of dependants in the rules framed for such purpose for government servants namely U.P. Recruitment of Dependants of Government Servants (Dying in Harness) Rules 1974. Rule 2(c) thereof is quoted below: 2.(c) "family" shall include the following relations of the deceased Government servant (i) Wife or husband; (ii) Sons; (iii) Unmarried and widowed daughters; (iv) if the deceased was unmarried Government servant, brother, unmarried sister and widowed mother dependant on the deceased Government servant;