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2007 Supreme(All) 2749

SUDHIR AGARWAL, S.RAFAT ALAM
ZILA PANCHAYAT, KAUSHAMBI – Appellant
Versus
LALTI DEVI – Respondent


Advocates:
Counsel :
Ramendra Pratap Singh for the Appellants; Akhileshwar Singh and S.C. for the Respondents.

JUDGMENT

By the Court.—This intra Court appeal, under the Rules of the Court, is preferred against the judgment of the Hon’ble Single Judge dated 9.2.2007 in Civil Misc. Writ Petition No. 7273 of 2007.

2. We have heard learned Counsel for the appellants, Mr. Akhileshwar Singh, learned Counsel appearing for respondent No. 1, and the learned Standing Counsel for the State-respondent No. 2.

3. It appears that respondent No. 1, Smt. Lalti Devi, filed the aforesaid writ petition for issuance of a writ of mandamus commanding the appellants to provide her compassionate appointment under the U.P. Recruitment of Dependents of Government Servants (Dying in Harness) Rules, 1974 (hereinafter referred to as the Rules). It further appears that the request of the petitioner-respondent No. 1 was not acceded to by the appellant, on the ground, that the daughter-in-law does not come within the meaning of ‘family’ as mentioned in the Government Order relating to compassionate appointment.

4. Learned Counsel for the appellant tried to argue that the definition of ‘family’ contained in Rule 2(c) is exhaustive though we do not find any substance therein. From a bare reading thereof, it is evident that the s









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