The recruitment of the dependants of the Government Servants dying in harness is regulated by U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 made under Article 309 of the Constitution of India. Rule 5 of the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 provides that in case, the Government Servant dies in harness one member of his family who is not employed shall, on the making of an application to the concerned authority for such purpose, be given suitable employment in Government Service.
If the person is fully eligible for appointment on compassionate ground as per Rules 1974, then he is entitled to the appointment on compassionate ground and the U.P. Recruitment of Dependants of Government Servant Dying in Harness Rules, 1974 is applicable.
In the case of Mala Devi Vs. State of U.P., the Hon’ble High Court held that the rejection of the petitioner’s application for compassionate appointment under the U.P. Recruitment of Dependents of Government Servant Dying in Harness Rules, 1974 on the ground of her marital status is unconstitutional, striking off the word “unmarried” and declared married women as a part of the family as defined in 1974 Rules. Thus, as of this date, the law as it exists is that married daughters are also eligible for compassionate appointments.