JADAWATI DEVI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The petitioner's application for giving appointment to her son under the Dying-in-Harness Rules has been rejected on the ground that the petitioner has sufficient means. This order has since been challenged in this writ petition. Mr. B. N. Singh, learned counsel for the petitioner submits that the petitioner is not in a position to maintain the family and, therefore, the appointment under the Dying-in-Harness Rules should be given to the petitioner's son.

(2.) Mr. Arun Kumar Singh, holding brief of Mr. Navin Sinha on the other hand submits that the Dying-in-Harness Rules is not a matter of right. The question is to be considered on the basis of the financial position of the family itself, He has relied on a decision in the case of Umesh Kumar Nagpal v. State of Haryana, JT 1994 (3) SC 525.

(3.) I have heard both the learned counsel at length.