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2004 Supreme(All) 1317
HIGH COURT OF ALLAHABAD
Tarun Agarwala
ANURAG CHAND
Versus
DIRECTOR OF EDUCATION BASIC/CHAIRMAN BASIC SHIKSHA PARISHAD U P ALLAHABAD
Decided On : 04 August 2004
C. M. W. P. No. 36043 of 1998
B.P.Singh, Dinesh Rai, G.S.SINGH, P.C.SINGH,
The main legal point established is that the word 'family' under the U. P. Recruitment of Dependent of Government Servant Dying in Harness Rules, 1974 should be liberally construed to include stepsons as well.
Headnote:
Family - Step Son - The court interpreted the definition of 'family' under the U. P. Recruitment of Dependent of Government Servant Dying in Harness Rules, 1974, and held that a stepson is covered under the definition of 'family' and is entitled to appointment.
Fact of the Case:
The petitioner, a stepson, applied for appointment under the U. P. Recruitment of Dependent of Government Servant Dying in Harness Rules, 1974 after his stepmother's death. His appointment was initially issued but later cancelled on the ground that he was not entitled for appointment as a stepson.
Finding of the Court:
The court held that the stepson is covered under the definition of 'family' under the Rules and is entitled to appointment, quashing the impugned order and allowing the petitioner to continue in service as a legal heir of the deceased.
Issues: The main issue was whether a stepson could be included in the definition of 'family' under the Dying in Harness Rules, 1974.
Ratio Decidendi: The court interpreted the word 'family' liberally and cited previous cases where divorced daughters and daughters-in-law were considered part of the family, concluding that a stepson would also be covered under the definition of 'family'.
Final Decision: The writ petition was allowed, and the impugned order was quashed, allowing the petitioner to continue in service as a legal heir of the deceased.
The petitioners step mother, Smt. Geeta Kushwaha died in harness on 28-8-1997. As a step son, the petitioner applied for his appointment under the U. P. Recruitment of Dependent of Government Servant Dying in Harness Rules, 1974. The application of the petitioner was also accompanied by a succession certificate issued by the Tehsidar. Subsequently, the respondents issued an appointment letter dated 4-5-1998 appointing the petitioner on the post of Assistant Teacher in Prathmic Vidyalaya Phulwariya, Kashi Vidyapeeth, Varanasi. On the basis of the aforesaid appointment letter, the petitioner joined the school as an Assistant Teacher and worked till 3-6-98, on which date respondent No. 2, namely, District Basic Education Officer, Varanasi cancelled the appointment order dated 2-5-1998 by the impugned order on the ground that the petitioner is not a uterine son of the deceased and was, therefore, not entitled for appointment under the Dying in Harness Rules, 1974.
2. The impugned order dated 3-6-1998 has been assailed in the present writ petition.
3. Heard Sri Dinesh Rai, the learned counsel for the petitioner and the learned Standing Counsel appearing for the respondents.
Under the Rules of 1974, family has been defined as under :
" (c) "family" shall include the following relations of the deceased Government servant:
(i) Wife or husband:
(ii) Sons;
(iii) Unmarried and widowed daughters;
4. From a perusal of the aforesaid rules it is clear that son is included in the definition of word "family".
5. The question that arises for consideration is, whether a uterine son could only be included in the definition clause of "family" or whether a step son could also be included.
6. In my view, the word "family" has to be liberally construed. In Smt. Kusum Devi v. State of U. P. and others, 2001 (3) E. S. C. 1283 (All), it was held that a divorced daughter of the deceased would be covered under the definition of family and would be entitled to an appointment under the Dying in Harness Rules, 1974. In Smt. Urmila Devi v. U. P. Power Corporation, Lucknow and others, 2004 (1) LBESR 234 (All) : 2004 (1) E. S. C. (AII) 180, it was held that a daughter-in-law of the deceased son would be also covered under the definition of family and would be entitled for appointment.
7. In my view, a stepson would be covered under the definition of word family and would be entitled for appointment.
8. In view of the aforesaid, the writ petition is allowed and the impugned order dated 3-6-98 passed by the respondent No. 2 (filed as Annexure No. 7) is quashed. The petitioner would be entitled to continue in service as a legal heir of the deceased.
Petition allowed.
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