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2020 DIGILAW 618 (ALL)

Pooja v. State of U. P. Thru. Prin. Secy. of Law

2020-02-26

RAJESH SINGH CHAUHAN

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JUDGMENT : 1. Heard Sri A.K. Jauhari, learned counsel for the petitioner, Sri Ran Vijay Singh, learned Addl. C.S.C. for the State respondents and Sri Gaurav Mehrotra, learned counsel for the opposite party no. 2. 2. By means of this petition the petitioner has prayed that the opposite parties be directed to appoint the petitioner under Dying in Harness Rules on suitable post. 3. The present petitioner is unmarried sister of late employee, namely Sanjay Kumar Singh who was serving on the post of 'Orderly' at District Judgeship, Lucknow. 4. The contention of learned counsel for the petitioner is that since the employee died on 15.6.2015 during the service period leaving behind old aged mother, daughters namely Km. Riya aged about 11 years, Km. Saloni aged about 9 years and the petitioner who is unmarried sister. The wife of late employee died on 4.7.2010, before the death of the deceased employee. All the aforesaid family members were totally dependent upon the late employee, therefore, learned counsel for the petitioner has contended that in view of the provisions of U.P. Recruitment of Dependent of Government Servants Dying in Harness Rules, 1974 the petitioner should be given any appointment under the aforesaid rules. 5. Sri Gaurav Mehrotra, learned counsel for the opposite party no. 2 has drawn attention of this Court towards the definition of 'family' which has been given under section 2(c) which reads as under : "2(c) "family" shall include the following relations of the deceased Government servant: (i) Wife or husband; (ii) Sons / adopted sons; (iii) Unmarried daughters, unmarried adopted daughters, widowed daughters and widowed daughters and widowed daughter-in-law; (iv) unmarried brothers, unmarried sisters and widowed mother dependent on the deceased Government Servant, if the deceased Government servant was unmarried; (v) aforementioned relations of such missing Government servant who has been declared as "dead" by the competent Court; Provided that if a person belonging to any of the above mentioned relations of the deceased Government servant is not available or is found to be physically and mentally unfit and thus ineligible for employment in Government service, then only in such situation the word "family" shall also include the grandsons and the unmarried granddaughters of the deceased Government servant dependent on him." 6. On the basis of aforesaid definition only that unmarried sister may be included in the definition of 'family' if her brother i.e. the deceased government servant was unmarried. However, in the present case the deceased government servant was married and was having two minor daughters, therefore, present petitioner may not be included in the definition of 'family'. 7. Having heard learned counsel for the petitioner and having perused the material available on record, I am of the considered opinion that since the present petitioner who is unmarried sister of the deceased government servant who was married when he died in harness, therefore, she cannot be included in the definition of 'family'. 8. Accordingly no direction as prayed in the writ petition may be issued, therefore, the writ petition is misconceived and is accordingly dismissed. 9. No order as to costs. 10. However, there is no need to provide liberty to the petitioner to challenge the rules inasmuch as it is always open for the aggrieved person to challenge any rules, if he / she is aggrieved out of those rules.