Hon’ble Tarun Agarwala, J.—Heard Sri A.D. Saunders learned Counsel for the petitioner and Standing Counsel for the respondents.

2. The petitioner’s brother Sri Basant Kumar Tewari who working as an Amin in the department of Minor Irrigation Division at Allahabad and died in harness on 18.5.2005. It has been stated that the petitioner’s brother had nominated the petitioner with regard to any benefits arising from his service. It has also come on record that the petitioner received the benefits. Upon the death of the petitioner’s brother, the petitioner applied for appointment on compassionate grounds on the ground that the petitioner was totally dependent upon his brother. It transpires that the respondents made an enquiry and found that the petitioner was enrolled as an advocate with the Bar Council of Uttar Pradesh. On this basis, the respondent referred the matter for opinion to the State Government. The State Government, by an order dated 21.6.2007 held that the petitioner was not a dependent of the deceased since he was an advocate of the High Court. The petitioner, being aggrieved by the said order, has filed the present writ petition.

3. Rule 2(c) of Dying in Harness Ru