IMRAN KHAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By the instant petition, petitioner seeks to declare the expression 'unmarried' ultra vires, in sub-clause (iv) of clause (c) of Rule 2 of Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974[Rules, 1974]. Further, petitioner seeks quashing of the order dtd. 7/9/2020, passed by the second respondent, Senior Superintendent of Police, Bulandshahar, rejecting the application submitted by the wife of the deceased-employee seeking appointment of the petitioner (brother-in-law) under the Rules, 1974.

(3.) The facts briefly giving rise to the instant writ petition is that the brother of the petitioner, namely, Javed Khan, working as constable in civil police, unfortunately died-in-harness on 27/8/2021, in an accident. The deceased-employee left behind his wife, aged about, 33 years and three minor sons, aged about, 10, 9 and 5 years, respectively. Apart from his family, the deceased-employee left behind his parents and three brothers, including, the petitioner. The third respondent/wife of the deceased-employee made an application on 12/8/2022, to the second respondent, requesting that petitioner be given compassionate appointment under Rules, 1974, in lieu of her, as he was looking after her minor children after the death of her husband. It is further stated that petitioner is unmarried and was dependent on her husband. The application came to be rejected by the impugned order dtd. 7/9/2022, passed by the second respondent, recording therein that petitioner does not fall within the definition of 'family' under Rules, 1974, being unmarried brother of the deceased-employee who was married.