In brief, the factual matrix of the case is that the father of the appellant died while in service on 3rd of June, 1992. The appellant submitted an application to have appointment on compassionate grounds as per the provisions of the Uttar Pradesh Recruitment of Dependents of Government Servant (Dying-in-Harness) Rules, 1974 (hereinafter referred to as the "Rules, 1974"). The claim of the appellant was rejected by the District Judge, Pilibhit under an order dated 1st May, 1997 on the ground that if the family was in distress, the widow of the deceased employee could have moved application immediately after death of the employee but non-submission of that goes to show that there was no immediate need of service for maintenance of the family. Aggrieved by the same, the appellant preferred a petition for writ which came to be disposed of by directing respondent District Judge, Pilibhit to consider and decide the representation. The representation so submitted by the appellant came to be rejected on a subsequent stage and that was challenged by way of filing a writ petition that came to be rejected by learned Single Bench by arriving at a conclusion as under:
