(1.) HEARD counsel for the petitioner, standing counsel who has accepted notice on behalf of respondents No. 1 to 3 and perused the record.
(2.) SRI Samay Lal father of the petitioner was Constable in the Police Department. He died in Harness on 20.6.1994. U. P. Recruitment of Dependants of Government Servants (Dying-in-Harness) Rules, 1974 provides that in the event of any Government employee to whom the aforesaid rules apply died in harness then, one of dependants of the deceased may be considered for appointment to meet the indigent circumstances which the family may be facing due to death of bread earner.
(3.) IN that case, the Court was dealing with the case whether the dependant of the family of the deceased, who was Sub-INspector in Police who had died in harness, could be offered the post of Constable but though he was eligible for the post of INspector according to his qualifications.