Smt.Gujrati Devi And Another vs State Of U.P. And 4 Others
2021 Latest Caselaw 10408 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 8185 of 2021
 

 
Petitioner :- Smt.Gujrati Devi And Another
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Pankaj Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Petitioners are permitted to correct the description of respondents in the array of the parties.

Petitioners' claim for grant of compassionate appointment was directed to be considered by this Court in Writ Petition No. 5904 of 2020 (Smt. Gujrati Devi and others Vs. State of U.P. and another). Her claim has been rejected by the respondent no.5, vide order impugned dated 24.12.2020 which records that on the date of filing of application the petitioner no. 2 was already married and, therefore, she was not a member of the family. This order is assailed on the ground that such reason is legally impermissible in view of the law laid down by the Division Bench of this Court in the case of Smt. Vimla Srivastava Vs. State of U.P. and Another, 2016(1) ADJ 21. This judgment has also been affirmed by Hon'ble Supreme Court with dismissal of Special Leave Petition No.22646 of 2016

Faced with the above contention, learned Standing Counsel comes up with the prayer to permit the competent authority to re-visit the issue.

In view of the pronouncement of law by this Court in the case of Smt. Vimla Srivastava (supra), the claim of petitioner for grant of compassionate appointment cannot be rejected only on the ground that she is married daughter, and therefore the order impugned cannot be sustained.

Writ petition, consequently, succeeds and is allowed. Order dated 24.12.2020 passed by respondent no. 5 stands quashed. The forth respondent shall consider the claim of petitioner no.2 claim afresh, in accordance with law, within a period of three months from the date of presentation of a copy of this order. An opportunity of hearing would be given to other family members also.

The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.

Order Date :- 16.8.2021

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