VIJAY KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The case of the petitioner is that his sister Smt. Sonu Devi, widow of Late Vijay Kumar was in employment, as a Class IV employee with Nagar Nigam, Allahabad. She died on 25 May 2015, while in harness. The mother of the petitioner filed an application on 15 June 2016 for granting appointment to the petitioner on compassionate basis. In the application, it is stated that the petitioner's sister has died issueless. The petitioner has been nominated in the service records to receive the terminal benefits. Consequently, he be also granted compassionate appointment. Since the application remained pending and the petitioner was not given compassionate appointment, the instant writ petition has been filed seeking a mandamus commanding the second respondent to forthwith appoint the petitioner on compassionate basis under the U.P. Recruitment of Dependents of Government Servants (Dying-in-Harness) Rules, 1974 Rule .

(2.) Counsel for the petitioner submitted that since his deceased sister has not left behind any issue, therefore, as per the definition of 'heir' under the Hindu Succession Act, 1956, the petitioner is entitled to claim compassionate appointment.

(3.) On the other hand, learned counsel appearing on behalf of respondent No. 2 submitted that Smt. Sonu Devi was working on ad hoc basis and, therefore, the Rules would not be applicable. She further submitted that the petitioner is not covered by the definition of 'family', as defined under Rule 2(c).