JUDGMENT :

1. Leave granted.

2. The father of the appellant who was working as Class-IV employee (Sweeper) at the Office of Vikas Khand Khutam, Jaunpur, U.P. passed away on 23.11.2016. An application came to be made by the appellant for being appointed under Rule 5 of The Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as ‘the Rules of 1974’). Rule 5 reads as follows:

“5. Recruitment of a member of the family of the deceased:

(1) In case a Government servant dies in harness after the commencement of these rules and the spouse of the deceased Government servant is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government, one member of his family who is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government shall, on making an application for the purposes, be given a suitable employment in Government service on a post except the post which is within the purview of the Uttar Pradesh Public Service Commission, in relaxation