Hon’ble Krishna Murari, J.—Noticing conflict in the view taken by two coordinate Benches in the case of State of U.P. and others v. Rajendra Kumar, 2000 (1) AWC 155 and Basic Shiksha Adhikari, Hardoi v. Madhu Mishra and others, 2009 (27) LCD 995 , a third coordinate Bench has referred the following question for decision by a Larger Bench :

“Whether the definition of ‘family’ in Rule 2 (c) of U.P. Recruitment of Dependants of Government Servant Dying-in-Harness Rules, 1974 is inclusive or exhaustive.”

2. U.P. Recruitment of Dependants of Government Servant Dying-in-Harness Rules, 1974 (herein after referred as 1974 Rules) has been framed in exercise of powers conferred by proviso to Article 309 of the Constitution of India providing for recruitment of dependants of deceased Government Servant to public services and posts in connection with the affairs of the State of U.P. except the post, which are within the purview of the U.P. Public Service Commission, in relaxation of the normal rules of recruitment applicable to such public services and posts.. The appointment made under the provisions of 1974 Rules in common parlance is known as appointment on compassionate ground.

3. In