By the Court.—Compassionate appointment to dependents of employees of the State who die in harness has been the subject-matter of a considerable body of law. A Division Bench has referred the correctness of two decisions rendered by this Court on the interpretation of the provisions of the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 for consideration by the Full Bench. The principles which emerge from the judgments of the Supreme Court provide a binding framework within which the issue of interpretation which arises in this proceeding would have to be resolved. The question of law for decision of the Full Bench is:

(1) Whether the judgments in Subhash Yadav v. State of U.P., 2010(10) ADJ 289 (DB) and Vivek Yadav v. State of U.P. and others, 2010 (7) ADJ 1, on the interpretation of the provisions of Rule 5(iii) and the proviso thereto read with Rule 8 of the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974, lay down the correct position of law?”

2. The Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (“the Rules”) came into force on 21 December 1973. Rule 3 provides that the Rules shall apply to the recruitment of dependents of deceased Government servants to public services and posts in connection with the affairs of the State of Uttar Pradesh, except those which are within the purview of the Uttar Pradesh Public Service Commission. The expression ‘Government servant’ is defined in Rule 2(a) to mean a Government servant employed in connection with the affairs of the State, who (i) was permanent in such employment; or (ii) though temporary had been regularly appointed in such employment; and (iii) though not regularly appointed, had put in three years’ continuous service in a regular vacancy in such employment. The expression ‘regularly appointed’ is defined by the Explanation to Rule 2(a) to mean “appointed in accordance with the procedure laid down for recruitment to the post or service, as the case may be”. The expression ‘deceased Government servant’ is defined by Clause (b) of Rule 2 to mean a Government servant who dies while in service. Rule 2(c) of the Rules defines ‘family’. Rule 5 of the Rules provides as follows:

“5. Recruitment of a member of the family of the deceased.—(1) In case a Government servant dies in harness after the commencement of these rules and the spouse of the deceased Government servant is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government, one member of his family who is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government shall, on making an application for the purposes, be given a suitable employment in Government service on a post except the post which is within the purview of the Uttar Pradesh Public Service Commission, in relaxation of the normal recruitment rules if such person-

(i) fulfills the educational qualifications prescribed for the post,

(ii) is otherwise qualified for Government service; and

(iii) makes the application for employment within five years from the date of the death of the Government servant:

Provided that where the State Government is satisfied that the time limit fixed for making the application for employment causes undue hardship in any particular case, it may dispense with or relax the requirement as it may consider necessary for dealing with the case in a just and equitable manner.

Provided further that for the purpose of the aforesaid proviso, the person concerned shall explain the reasons and give proper justification in writing regarding the delay caused in making the application for employment after the expiry of the time limit fixed for making the application for employment alongwith the necessary documents/proof