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2011 Supreme(All) 231

VINEET SARAN, VIKRAM NATH, F. I. REBELLO
U. P. POWER CORPORATION LTD. – Appellant
Versus
URMILA DEVI – Respondent


Advocates:
Counsel :
Navin Sinha, Nripendra Mishra, R.P. Srivastava, Pankaj Kumar Shukla, H.P. Dubey, Rajesh D. Khare, C.S.C. for the Appellant; L.N. Pandey, Asharfi Lal, Ashok Pandey and J.P. Pandey for the Respondent.

JUDGMENT

By the Court.—A petition, being Civil Misc. Writ Petition No. 20938 of 2002, was filed by Smt.Urmila Devi, respondent herein, daughter-in-law of the deceased Kishun Lal, who died in harness on 21.4.1999. Kishun Lal, at the time of his death, was employed as Painter in the Electricity Transmission Division II of the U.P. Power Corporation, Allahabad. Anil Kumar, husband of the respondent predeceased his father. Late Kishun Lal was survived by the respondent herein and two children, i.e. one son and one daughter. After the death of Kishun Lal, his daughter-in-law Urmila Devi, respondent herein, applied for compassionate appointment, which was declined by order dated 22.4.2002 on the premise that she did not fall within the definition of ‘family’ as given under the U.P. State Electricity Board Dying in Harness Rules, 1975* (hereinafter referred to as the ‘Rules’). That order was the subject matter of consideration before the learned Single Judge in the writ petition. The learned Single Judge, after considering the definition of ‘family’ and various judgments, was pleased to allow the petition by order dated 9.9.2003 holding that a widowed daughter-in-law would fall within the















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