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 Decembe