Court No. - 33
Case :- WRIT - A No. - 12125 of 2021 Petitioner :- Sahendra Kumar Maurya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Surendra Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's brother, who is alleged to have died in harness, was unmarried. Petitioner is the married brother. His claim for compassionate appointment has been rejected on the ground that he does not form part of the family in terms of rule 2(c)(iv) of the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. Rule 2(c) (iv) reads as under:
"(iv) unmarried brothers, unmarried sisters and widowed mother dependent on the deceased Government servant, if the deceased Government servant was unmarried;"
The determination made by Superintendent of Police, Jaunpur is not shown to be inconsistent with the Rules of 1974. Family is defined and petitioner does not form part of it. In such circumstances, no exception can be taken if petitioner's claim for compassionate appointment is rejected.
Writ petition is, accordingly, dismissed.
Order Date :- 25.10.2021 Ashok Kr.