N. K. MITRA, C. J. , M. KATJU, J.

( 1 ) THIS Special Appeal has been filed against the impugned judgment of the learned single Judge dated 16. 3. 99.

( 2 ) THE grandfather of respondent No. 4 was a Government servant who died in harness and on his death, the petitioner applied for appointment under the dying-ln-harness Rules. The father of the petitioner. Lallu Ram was the only son of the petitioners grandfather Prahlad, and the petitioner was a dependant of his grandfather Prahlad and hence he applied for appointment under the dying-in-harness Rules. Admittedly the petitioners father Lallu Ram predeceased prahlad.

( 3 ) UNDER the relevant dying-in-harness Rules, a member of the family of the deceased government servant is entitled to get appointment under the dying-in-harness Rules. Rule 2 (c)of the U. P. Recruitment of Dependants of Government Servant Dying-in-Harness Rules, 1974 states :

"family" shall include the following relations of the deceased Government Servant : (i) Wife or husband ; (ii) Sons ; (iii) Unmarried and widowed daughters ;

( 4 ) LEARNED standing counsel has submitted that the respondent was not entitled to get appointment under the dying-in-harness Rules, as u

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