Hon’ble P.K.S. Baghel, J.—The petitioner is a married daughter. Her father late Mangal Sen Sharma was a Wasil Baqi Nawis (WBN) (Senior Assistant) in Tehsil Office, Hapur. She has preferred this writ proceedings for quashing the order dated 01st March, 2016 passed by the second respondent, the District Magistrate whereby her application for compassionate appointment has been rejected on the ground that she is a married daughter thus she is not entitled for appointment.

2. A brief reference to the factual aspects would suffice.

3. Late Mangal Sen Sharma was working as WBN (Senior Assistant) in Tehsil Office, Hapur. He unfortunately died on 10th January, 2014 leaving behind his wife Smt. Asha Sharma, one son Prashant Mohan Sharma and two daughters, namely, Smt. Parul Sharma and the petitioner. The petitioner moved an application for her appointment on compassionate ground with no objection of other members of the family. She is a postgraduate in Economics. Her marriage was solemnized with one Ashwani Sharma and she is living with her mother, who is alone after the death of petitioner’s father. It is stated that financial position of her husband, who is in small job of a private company, is not sufficient to support her and her mother.

4. The mother of the petitioner moved an application to the District Magistrate, Hapur on 20th January, 2016 for petitioner’s appointment on compassionate ground. In her representation, she has stated that she does not have any source of income and she is dependent on the petitioner who is living with her. Her mother has also enclosed the judgement of this Court in the case of Smt. Vimla Srivastava v. State of U.P. and another, 2016(1) ADJ 21 (DB). A similar application has been filed by the petitioner also before the District Magistrate. The District Magistrate by the impugned order has rejected the application of the petitioner on the grounds that under Rule 2(c) of the Uttar Pradeh Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974 (the Rules, 1974), the petitioner is not entitled for her appointment as under the said provision only unmarried daughter is entitled for compassionate appointment. Insofar as the judgement of this Court in Smt. Vimla Srivastava (supra) is concerned, the District Magistrate was of the opinion that in the said case the petitioner was not party, therefore, no benefit can be granted to the petitioner on the basis of the said judgement. It is also stated that the State Government has not issued any direction pursuant to the judgement in Smt. Vimla Srivastava’s case.

5. Alongwith the impugned order a minutes of meeting has also been served upon the petitioner, wherein the aforesaid grounds are mentioned and it has been signed by Additional District Magistrate (Finance & Revenue), Prabhari Adhikari, Collectorate, Administrative Officer, Collectorate, Hapur and the concerned clerk.

6. Dissatisfied with the order of the District Magistrate the petitioner has preferred this writ petition. As the grounds mentioned in the impugned order are purely legal and do not raise any factual dispute, learned Standing Counsel has not proposed to file any counter-affidavit. Thus, the matter is taken on the board for final disposal, at this stage, with their consent as the pure question of law is to be answered.

7. Concededly, the petitioner is a married daughter. Rule 2(c) of the Rules, 1974 defines the family, which reads as under:

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

(i) Wife or husband;

(ii)Sons/adopted sons;

(iii) Unmarried daughters, unmarried adopted daughters widowed daughters and widowed daughter-in-law;

(iv)Unmarried brothers, unmarried sisters and widowed mother dependent on the deceased Government servant, if the deceased Government servant was unmarried;

(v) aforementioned relations of such missing Government servant who has been declared as “dead” by the competent Court.

Provided that if a per