Tanishk Gupta v. State of U.P. and 2 Others

Court No. - 34 Case :- WRIT - A No. - 18817 of 2023 Petitioner :- Tanishk Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Srivastava Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.

¶1Heard learned counsel for the parties.

¶2By means of this petition filed under Article 226 of the Constitution of India, the petitioner is seeking compassionate appointment on account of death of her maternal aunt in harness.

¶3Learned Standing Counsel submits that the petitioner does not fall in the category of family member or dependent under the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 which defines family of the dependent vide Rule 2(c) as under: "(c) "family" shall include the following relations of the deceased Government servant:-

(i) wife or husband;

(ii) sons/adopted sons;

(iii) daughters, (including adopted daughters) and widowed daughters-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 grand daughters of the deceased Government servant dependent on him."

¶4Learned counsel for the petitioner could not dispute the above factual and legal position.

¶5In view of the above, the prayer made for compassionate appointment of the nephew of the deceased employee cannot be granted.

¶6Petition lacks merit and is, accordingly dismissed. Order Date :- 8.11.2023 Deepika High Court of Judicature at Allahabad