RAMESH RANGANATHAN, J.

Order of Reference

1. A Division Bench of this Court, by its order in Special Appeal No.

187 of 2017 dated 05.02.2018, has referred the following questions to be answered by a Full Bench of this Court:

(i) Whether any of the members, referred to in the definition of a “family” in Rule 2(c) of the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (for short “the 1974 Rules”) and in the note below Regulation 104 of the U.P. Cooperative Committee Employees Service Regulations, 1975 (for short “the 1975 Regulations”) would be entitled for compassionate appointment even if they were not dependent on the Government servant at the time of his death?

(ii) Whether non-inclusion of a “married daughter” in the definition of “family”, under Rule 2(c) of the 1974 Rules, and in the note below Regulation 104 of the 1975 Regulations, is discriminatory, and is in violation of Articles 14, 15 and 16 in Part III of the Constitution of India?

2. The aforesaid questions were referred to the Full Bench in view of the conflicting judgments, of two Division Benches of this Court, in Namrata Sharma Writ Petition (S/B) No.391 of 2013 dated