Santosh Kumar Pandey vs State of U.P. and Another

D.S. Sinha, J.—Heard Sri J.N. Mishra, learned Counsel for the Petitioner.

Relying upon the provisions of the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter called the Rules), the Petitioner prays for issuance of a writ of mandamus directing the respondents to appoint him as class IV employee in the office of the Executive Engineer, lift Irrigation Division, Banda in place of Smt. Radha Devi, a class IV employee, who died on 23rd July, 1988.

The Petitioner is brother of the husband of the deceased employee Smt. Radha Devi.

The provisions of the Rules, relied upon by the Petitioner, contemplate providing of employment to a member of the family of the deceased Government servant. The ''family'' has been defined in Clause (c) of Rule 2 of the Rules. The said clause provides that the expression ''family'' shall include the following relations of the deceased Government servant;

(1) wife or husband:

(2) sons:

(3) unmarried and widowed daughters:

A perusal of the aforesaid provision indicates that the Petitioner does not fall in any category of the persons contemplated to constitute the family for the purpose of the Rules. The claim of the Petitioner for appointment is, therefore, misconceived, and cannot be upheld.

For the foregoing reasons, the court is of the opinion that the Petitioner cannot be granted any relief by this Court The petition lacks merit and is, therefore, dismissed summarily.