- (1.) Mr. Vyas is directed to accept notices on behalf of respondents. He accepts notices. He has been supplied with the copy of memo of appeal. In this case the appellant has filed the writ petition on two counts. Firstly that he has been adopted by widow of late Sh. Jas Raj. About that the learned Single Judge has held that when late Sh. Jas Raj died, Sh. Rajendra Singh was not even born. Therefore he could not have been adopted by late Sh. Jas Raj and he could not have been Jas Raj's dependent. In these circumstances, so far as this part of Judgment of learned Single Judge is concerned, it is absolutely just and proper and, therefore, it deserves to be sustained. However, the petitioner has taken the second ground also that he being the grand son-in-law of widow of late Jas Raj i.e. Rajendra Singh being the daughter's son of widow of late Shri Jas Raj he is nearest relative of deceased's widow and, therefore, she has nominated him to be appointed in place of her husband. The proviso has been added to the definition of family provided by Sec. 2(f) which reads as under : - "Provided that if no such member of family be eligible for getting benefit under these Rules, the benefit available under these rules may be extended to any other close relative of the deceased to be named by the widow or the Guardian of the children of the deceased with the specific approval of the Deptt. of Personnel."
(2.) This aspect of the matter that Rajendra Singh is close relative of widow of deceased Govt. Servant and, therefore, he has been nominated by her to be appointed in place of deceased husband, has not been considered by the learned Single Judge. Actually nobody is entitled as of right to be appointed as near relative of the deceased Govt. Servant being his close relative. That application has to be forwarded to the Deptt. of Personnel for its approval before appointment is given. In this case, the application of Rajendra Singh for being appointed in place of late Jas Raj has been rejected without referring the matter of the Deptt. of Personnel and, therefore, this appeal is partly allowed and the respondents are directed to forward this applicatior alongwith the communication letter filed by the widow of deceased of the Deptt.of Personnel for their consideration and necessary orders and if orders are received for appointment, then appointment may be granted and if application is rejected then of course the petitioner will be free to avail legal remedy which is available to him under the law. The application be sent to the Deptt. of Personnel with the nomination papers within two months from today. The appeal stands disposed of accodingly.;