JUDGMENT :

SAURABH SHYAM SHAMSHERY, J.

1. The application for compassionate appointment of the writ petitioner-respondent under the dying in Harness Rules due to the death of her father, was rejected vide order dated 05.5.2014, on the ground that the divorced married daughter was not included in the definition of "family" as described under Section 2 (c) of the Uttar Pradesh Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974 (hereinafter referred to as the Rules, 1974).

2. Aggrieved by the aforesaid order, the writ petitioner-respondent has approached the learned Single Judge. The learned Single Judge vide impugned order dated 18.3.2016 allowed the writ petition relying upon a judgment passed by a Division Bench of this Court in Writ C No. 60881 of 2015, Smt. Vimla Srivastava vs. State of U.P. and Another and connected matters wherein the Division Bench had held that the exclusion of married daughter from the ambit of the expression of "family" in Rule 2 (c) of the Rules, 1974 was illegal and unconstitutional being violative of Articles 14 and 15 of the Constitution and accordingly the Division Bench struck down the word unmarried in Rule 2 (c)(iii) of the R