PREM PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) A. N. Verma, J. The petitioner through the instant writ petition has assailed the order dated 13-1-2003 passed by the opposite party No. 1 and as contained in Annexure No. 4 to the writ petition, whereby the representation preferred by him for compassionate appointment has been rejected. The facts giving rise to the petition are as follows: One Mullu, son of Jokhe, grand-father of the petitioner was under employment with the opposite parties as a beldar on daily wages with effect from September, 1988 to 19th March, 1999. The appointment was given to him consequent upon the death of his son Kamta, who was also on daily wages and had worked as such with the opposite parties for about 15 years. The petitioner at the time of the death of his father was only a minor. The said Mullu died on 19-3-1999 in-harness. As the father of the petitioner had already pre-deceased his father, the petitioner was totally dependent on his grand- father. He upon the death of his grand-father, made an application before the opposite parties on 3-6- 1999 for compassionate appointment under the provisions of U. P. Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974, (hereinafter to be referred as 'rules' ). The candidature of the petitioner was however rejected by the authorities concerned for compassionate appointment, he approached this Court in Writ Petition No. 735 (S/s) of 2002. The said Writ Petition was disposed of finally vide order dated 25-1-2002 with a direction that the representation made by the petitioner with regard to his appointment under the said rules be considered. Pursuant to the directions given by this Court in the aforesaid writ petition, the candidature of the petitioner was considered and thereafter vide order dated 13-1-2003 the same has been rejected. It is this order rejecting the representation that has been impugned in the instant writ petition as Annexure No. 2.

(2.) I have heard learned Counsel for the petitioner, Sri R. K. Srivastava as well as learned Standing Counsel at some length.

(3.) THE definition of word 'family' as occurs in Rule 2 (c) of the rules is reproduced here in under: "2. Definitions: (a ). . . . . . . . . . . . . . . . . . (b ). . . . . . . . . . . . . . . . . . . (c) "family" shall include the following relations of the deceased Government servant: (i) Wife or husband; (ii) Sons; (iii) Unmarried and widowed daughters. "