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1999 Supreme(All) 660

D.K.SETH
MUKESH KUMAR SHARMA – Appellant
Versus
SENIOR DIVISIONAL MANAGER, L. I. C. OF INDIA, AGRA – Respondent


Advocates Appeared:
MANISH GOEL, R.P.Goyal, S.C.VERMA

D. K. SETH, J.


( 1 ) THE petitioner is claiming appointment under the Dying-in-Harness Rules as provided in the life Insurance Corporation Recruitment (of Class III and Class IV Staff) Instruction, 1979 on the ground that his two brothers who are gainfully employed are not supporting the petitioner. It is alleged that the said two sons of the deceased were married before the death of the deceased and were living separately and were ceased to be members of the family. In such circumstances. Mr. Kamlesh Mishra holding brief of Mr. S. C. Verma submits that the writ petition should be allowed.

( 2 ) MR. Manish Goel learned counsel for the respondents, on the other contends that the said recruitment Instruction in paragraph 22 clause (ii) provides that such relaxation shall be admissible only in favour of the widow, son or unmarried daughter of an employee while In service. While clause (iii) provides that it would be admissible only when none of the members of the family, namely, widow or unmarried daughter is gainfully employed, In the present case, two sons of the deceased have been gainfully employed and one of them is in the Corporation itself. The case comes wholly outside the pur

















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