Hon’ble A.P. Sahi, J.—Heard learned counsel for the petitioner and the learned standing counsel for the respondent Nos. 1, 2 and 3.

2. The dispute relates to a claim of compassionate appointment on account of the death of Late Ramawati Devi, who was working as Head Mistress in a Primary School. The petitioner is the daughter-in-law of Late Ramawati Devi, who unfortunately lost her husband and therefore she claims compassionate appointment. Simultaneously, the respondent No. 4-Subodh Kumar Mishra, who is the brother of Late Sunil Kumar Mishra, husband of the petitioner, also stakes his claim. Both theses claims were considered by the District Basic Education Officer, Deoria and the same have been rejected. The claim of Subodh Kumar Mishra was rejected on the ground that his wife is already employed and secondly he was already enrolled as a respectable lawyer since 1999 therefore he was not entitled for any compassion. The claim of the petitioner was rejected on the ground that a daughter-in-law does not fall within the definition of the word “family” as contained in Rule 2 (c) of the U.P. Recruitment of Dependants of Government Servant Dying in Harness Rules, 1974.

3. Learne