Advocates:
['RAM NIWAS SINGH', '', 'V K S CHANDEL', 'N D RAI', '', 'S C']

Court No. - 34

Case :- WRIT - A No. - 39088 of 2001

Petitioner :- Smt. Poonam Devi

Respondent :- The District Basic Education Officer, Jaunpur &

Another

Counsel for Petitioner :- Ram Niwas Singh,V.K.S. Chandel

Counsel for Respondent :- N.D. Rai,S.C.

Hon'ble Sudhir Agarwal,J.

1.

Heard Sri V.K.S.Chandel learned counsel for the petitioner and

learned Standing Counsel for the respondents.

2.

Admittedly compassionate appointment was sought by

petitioner, daughter-in-law of deceased government servant

Munsiram, who died in harness while working on the post of Head

Master in Primary School Chakraut, Tehsil and Block Kerakat, District

Jaunpur on 02.10.2000.

3.

It is contended that though daughter-in-law as such is not

mentioned in definition of 'family' under Rule 2(c) of U.P.

Recruitment of Dependants of Government Servants (Dying-in-

Harness) Rules, 1974 (hereinafter referred to as "Rules 1974") but

since it is inclusive definition, therefore, daughter-in-law must be

deemed to be included therein. Respondents in denying

compassionate appointment on the ground that daughter-in-law is

not within definition of 'family' have erred in law.

4.

Opposing the