Allahabad High Court
Smt. Neha Anupam Masih vs State Of U.P. And 3 Others on 16 August, 2021
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 6
Case :- WRIT - A No. - 9913 of 2021
Petitioner :- Smt. Neha Anupam Masih
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Yogesh Kumar Saxena
Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
The present writ petition has been filed with the following prayers:
"A. Issue a writ, order or direction in the nature of Mandamus directing the respondent No. 3 to appoint the petitioner under dying-in-harness rules as per her qualification.
B. Issue a writ, order or direction in the nature of Mandamus directing the respondent to take decision on the petitioner's case with regard to her appointment under dying-in-harness rules forthwith."
The contention of the counsel for the petitioner is that the mother of the petitioner died on 15.3.2021 while in service leaving behind the petitioner and her brother as the legal heirs. It is claimed that the petitioner is a married daughter of the deceased and has applied for appointment on compassionate ground under the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. In this respect, it is also stated that other legal heir, brother of the petitioner has already given no objection certificate in favour of the petitioner, however, the case of the petitioner is not being considered. It is claimed that although no order has been passed, the petitioner has been orally informed that the case of the petitioner is not being considered as the petitioner is a married daughter and does not fall within the definition of family as provided under the said rules.
The issue with regard to eligibility of the married daughter is well settled in view of the judgment of this Court in the case of Vimla Srivastava Vs. State of UP decided on 4.12.2015 (Writ C No. 60881 of 2015) wherein this Court had held that exclusion of the married daughter for consideration is bad in law and is in violation of Article 14 and 15 of the Constitution of India. Thus, married daughter is also eligible, however, considering the fact that no decision has been taken on the application of the petitioner, the Respondent No. 3 is directed to take a decision on the application filed by the petitioner for appointment under the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 as expeditiously as possible preferably within a period of two months from the date of filing of a copy of this order.
It is specifically directed that the case of the petitioner shall not be rejected on the ground that she is a married daughter of the deceased.
The writ petition stands disposed off.
Copy of the order downloaded from the official website of this Court shall be treated as certified copy of the order.
Order Date :- 16.8.2021
vinay
