USHA HAMILTON Vs. STATE OF U P

JUDGEMENT

(1.) THE averments are these. One late Miss A. S. Elias was a teacher in Jagat Taran Girls Inter College, Allahabad (hereinaftet referred to as the College). She was to retire from service on 28th July, 1983. Since she was retiring in the mid-session, under a Government order dated 15th May, 1978, she was allowed to continue till the end of the academic session, viz., 30th June, 1984. She died on 28th August, 1988. For the purpose of the payment of the gratuity she nominated the petitioner no. 1, who was the daughter of her sister, in the prescribed form. THE nomination paper was duly accepted by the College. Upon the 'death of Miss Elias, the petitioner applied for the payment of the gratuity to her. THE papers were forwarded to the Deputy Director of Education by the College. By a communication dated 8th January, 1987, the Manager of the College informed the petitioner that the Deputy Director of Education by his order dated 15th December, 1986, had declined to make the payment of the gratuity payable to Miss Elias to the petitioner. THE decision of the Deputy Director is being impugned in the present petition.

(2.) THE Deputy Director refused the payment of the gratuity to the petitioner on the ground that the nomination made by Miss Elias in favour of the petitioner was invalid as she did not fall in the category of the members of the family as incorporated in Rule 4 (b) of the U. P. School and College Teachers Gratuity Fund (hereinafter referred to as the Rules). This view of the Deputy Director has been assailed before us.

(3.) A perusal of the list of the relatives included in " family " will immediately show that neither the petitioner no. 1 nor the petitioner no. 2 are included in the list. Only unmarried and widowed sisters are mentioned therein. If a married sister has been excluded, by necessary implication the daughter of the married sister stands excluded. Admittedly, the petitioner no. 1 is the daughter of the petitioner no. 2 who admittedly a married lady. If the petitioner no. 1, who is the daughter of married sister, is not a relative within the meaning of definition of " family ", the nomination made in her favour by Miss Elias was of no avail as the same could be made only in favour of one or more members of the "family ".