Point of law : The definition of 'family' includes wife or husband; sons; unmarried and widowed daughters; and if the deceased was an unmarried government servant, the brother, unmarried sister and widowed mother dependant on the deceased government servant. It is, therefore, clear that a widowed daughter in the house of her parents is entitled for consideration on compassionate appointment.

JUDGMENT :

Neeraj Tiwari, J.

1. Heard learned counsel for the petitioner, Sri D.K. Tiwari, learned Additional Chief Standing Counsel for the State-respondents.

2. By way of present petition, petitioner is challenging the order dated 17.06.2021 passed by respondent no. 3 contained as Annexure no. 1 to the writ petition, rejecting the application of the petitioner for allotment of fair price shop and also Government Order dated 05.08.2019 issued by the Special Secretary, Government of U.P., Lucknow contained as Annexure no. 8 to the writ petition.

3. Learned counsel for the petitioner submitted that petitioner is widowed daughter-in-law of late Mahadei Devi, who was earlier allotted fair price shop. He further submitted that husband of the petitioner namely Bablu died in a road accident leaving behind the petitioner as well as two daughters aged about 11 years and 6 years. Petitioner and her daughters are fully dependent upon late Mahadei Devi, earlier fair price shop holder, who died on 11.04.2021. Succession certificate was also issued by Gram Pradhan on 30.06.2021 mentioning therein that petitioner is legal heir of late Mahadei Devi wife of late Killu Yadav. She is Intermediate passed and is eligible for allotment of fair price shop. He next submitted that after death of mother-in-law, there is no other male or female member for compassionate allotment under succession. Therefore, being legal heir (daughter-in-law, widowed), petitioner submitted an application dated 06.05.2021 for allotment of fair price shop in place of late Mahadei Devi. The said application of the petitioner was rejected by respondent no. 3 vide order dated 17.06.2021 only on the ground that widowed daughter-in-law does not come within the purview of 'family' as defined in Paragraph IV(10) of the Government Order dated 05.08.2019. He next submitted that Paragraph IV(10) of the said Government Order includes unmarried, legally separated and widowed daughter, but excludes daughter-in-law, widowed or not, without any reason.

4. In support of his contention, learned counsel for the petitioner has placed reliance upon a Full Bench judgment of this Court in the case of U.P. Power Corporation Ltd. Vs. Smt. Urmila Devi passed in Special Appeal No. 1026 of 2003 decided on 27.01.2011 reported as 2011(3) ADJ 432 (FB). In case of appointment under the Dying in harness, matter with regard to consideration of widowed daughter-in-law has been referred before the Full Bench in which, it has been held that widowed daughter-in-law is having better right than daughter. Ratio of law given in this case shall also be applicable in the present case, where widowed daughter-in-law has been excluded for consideration as it was not defined within 'family' in the Government Order dated 05.08.2019. He next submitted that under such facts of the case and law laid down by this Court in the aforesaid judgment, paragraph IV (10) of Government Order dated 05.08.2019 may be modified by including daughter-in-law, widowed or not, within the definition of 'family'.

5. He further submitted that following the Full Bench judgment in the case of U.P. Power Corporation Ltd. (supra), this Court in the matters of Smt. Sudha Jain Vs. State of U.P. and others, 2011(5) ADJ 730 and Smt. Geeta Srivastava Vs. State of U.P. and others, 2012(9) ADJ 1 has taken same view and direction has been issued to include daughter-in-law within the definition of 'family' for the purpose of appointment.

6. Dr. D. K. Tiwari, learned Additional Chief Standing Counsel opposed the submissions made by learned counsel for the petitioner and submitted that in light of the Government Order dated 05.08.2019, application of the petitioner has rightly been rejected, but could not dispute the factual and legal submissions made by learned counsel for the petitioner and law laid down by Full Bench of this Court in the matter of appointment of widowed daughter-in-law on compassionate ground.

7. I have considered the rival submissions made by l