STATE OF U P Vs. RAJENDRA KUMAR

JUDGEMENT

(1.) This Special Appeal has been filed against the impugned judgment of the learned single Judge dated 16.3.99.

(2.) The grandfather of respondent No. 4 was a Government servant who died in harness and on his death, the petitioner applied for appointment under the dying-ln-harness Rules. The father of the petitioner. Lallu Ram was the only son of the petitioner's grandfather Prahlad, and the petitioner was a dependant of his grandfather Prahlad and hence he applied for appointment under the dying-in-harness Rules. Admittedly the petitioner's father Lallu Ram predeceased Prahlad.

(3.) Under the relevant dying-in-harness Rules, a member of the family of the deceased Government servant is entitled to get appointment under the dying-in-harness Rules. Rule 2 (c) of the U. P. Recruitment of Dependants of Government Servant Dying-in-Harness Rules, 1974 states :