Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—The Uttar Pradesh Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974 (Dying-in-Harness Rules) have been framed under the proviso to Article 309 of the Constitution and regulate the grant of compassionate appointment to the members of the family of a Government servant who dies in harness. The Rules define the expression “family” to include, among others, “unmarried daughters and unmarried adopted daughters”. The Rules also bring sons and adopted sons within the ambit of a family. The eligibility of a son or adopted son is not conditioned by marital status. The challenge in these proceedings is to the stipulation that only an unmarried daughter falls within the definition of the expression “family”. As a consequence of the condition, a married daughter ceases to fall within the family of a deceased Government servant for the purpose of seeking compassionate appointment.

2. Rule 2 (c) of the Dying-in-Harness Rules defines the expression “family” in the following terms:

“2(c) “family” shall include the following relations of the deceased Government servant:

(i) Wife or husband;

(ii) Sons/adopted sons;