JUDGMENT :

1. Heard Shri Sanjay Kumar Srivastava, learned counsel for the petitioner and Shri Rajesh Khanna, learned Standing Counsel.

2. Present writ petition has been filed to quash the order dated 8.4.2022 passed by respondent no.3/ District Supply Officer, Prayagraj, rejecting the petitioner's application to grant her compassionate appointment, as fair price shop agent at Prakhand-1, Nayapura, Stanley Road, Prayagraj.

3. Undisputedly, the petitioner's grand father namely Ram Naresh was the fair price shop agent at the above described location. It is the petitioner's case that the said Ram Naresh ran the fair price shop without any complaint till his death on 23.3.2019. He was survived by his three sons - Uma Shanker (petitioner's father), Shiv Shanker and Roop Chand and, two married daughters - Smt. Abhilasha and Smt. Kamlesh. According to the petitioner, she has two brothers namely -Vishal and Avinash and, one sister namely Smt. Ruchi.

4. In these circumstances, the petitioner claims dependency on her grand father, during his lifetime. Accordingly, she claims entitlement to compassionate appointment re the fair price shop agency held by the deceased Ram Naresh, in his place. Reliance has been placed on three decisions of this Court in Ashok Kumar Vs. State of U.P. & Ors., Misc. Single No. 2899 of 2015, decided on 20.7.2016; Sunil Kumar Yadav Vs. State of U.P. & Ors., Misc. Single No. 13015 of 2020, decided on 3.9.2020 and; Akansha Singh Vs. State of U.P. & Ors., Writ - C No. 32296 of 2021, decided on 4.12.2021.

5. On the other hand, learned Standing Counsel has vehemently opposed the writ petition. He would submit, family of a fair price dealer has been described in Clause IV(10) of the Government Order dated 5.8.2019. It reads :

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7. Relying on that definition, it has been submitted, petitioner is a grand-daughter of the deceased fair price shop agent Ram Naresh. She is neither included under any of the specific relationships included (as noted above), nor she has shown herself to be wholly dependent on the deceased Ram Naresh as would entitle her to claim grant of compassionate appointment.

8. With respect to the decisions relied by learned counsel for the petitioner, it has been submitted, those are decisions on facts. They do not lay down the law. Therefore, they have no binding efficacy.

9. Having heard learned counsel for the parties and having perused the record, the facts are undisputed. The petitioner is the grand-daughter of the deceased fair price shop agent Ram Naresh. The petitioner's father Uma Shankar is alive. Therefore, considering societal practice and behaviour, that fortunate circumstance itself strongly suggests existence of dependency of the petitioner on her father, if at all. It is especially so -in view of inclusion of unmarried or legally separated or widowed daughter as a dependent of her father (not grandfather) under Clause IV(10) of the Government Order dated 5.8.2019. Also, the definition of the family given in Clause IV(10) of the Government Order dated 5.8.2019 has not been challenged. Beyond that relations -at one level up and below are included in the definition of family along with spouse of the fair price shop agent. No special fact was pleaded either before the authority or before this Court, by the petitioner, to claim her dependency on her grand-father Ram Naresh, during the lifetime of her father.

10. What survives