DEVENDRA PRATAP SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for petitioner and learned State Counsel for opposite parties.

(2.) Petition has been filed challenging order dtd. 25/5/2016 whereby petitioner's application for compassionate appointment in terms of U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, has been rejected primarily on the ground that he is not entitled in terms of Rule 2 of the aforesaid Rules.

(3.) It has been submitted that petitioner's elder brother, late Mahendra Pratap was engaged with opposite parties and passed away in harness on 9/10/2015. It is submitted that his wife had pre-deceased him on 12/2/2010 and since petitioner was dependent upon the deceased who was the sole bread earner of the family, petitioner submitted application for compassionate appointment which was rejected. Learned counsel has drawn attention to Rule 2 of the Rules of 1974 as amended subsequently in 2001 to submit that unmarried brothers dependent upon the deceased were clearly included in the term of "family" under Rule 2 of the Rules of 1974 and therefore opposite parties have erred in rejecting his claim particularly since the wife of deceased pre-deceased him.