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2003 Supreme(All) 1901

S.N.SRIVASTAVA
URMILA DEVI – Appellant
Versus
U. P. POWER CORPORATION – Respondent


Advocates Appeared:
A.LAL, ASHOK PANDEY, Nripendra Mishra

S. N. SRIVASTAVA, J.

( 1 ) PETITION has been filed by Smt. Urmila Devi daughter-in-law of deceased Kishun Lal, who died in-harness on 21. 4. 1999. The deceased Kishun Lal was employed and discharging his duties as Painter in the Electricity Transmission Division-11, U. P. Power Corporation, Allahabad at the time of his death. The necessary facts which bear on the controversy involved in the present petition are that Anil Kumar husband of the petitioner predeceased his father late Sri Kishun Lal and he was survived by the petitioner and two children, i. e. , one son and one daughter. In the wake of the death of Anil Kumar, his family consisting of wife and two children was sustaining on the earning of late Kishun Lal. Consequent upon the death of Kishun Lal, the petitioner who happened to be his daughter-in-law, applied for compassionate appointment which according to the petitioner was declined by means of order dated 22. 4. 2002 passed by the respondent No. 2 on the premises that she did not fall within the definition of family as envisaged in the provisions of u. P. State Electricity Board Dying-in-Harness Rules, 1975.

( 2 ) I have heard learned counsel for the petitioner and Sri













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