Laxmi vs State Of U.P. And 5 Others
2021 Latest Caselaw 1283 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 52795 of 2017
 

 
Petitioner :- Laxmi
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Arun K. Singh Deshwal
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Petitioner's claim for grant of compassionate appointment on account of death of her father in harness has been rejected vide order impugned dated 23.10.2017 only on the ground that petitioner being a married daughter is not covered within the definition of family.

The question as to whether married daughter would form part of the family defined in rule 2(c) of the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 has been examined by a Division Bench of this court in the case of Smt. Vimla Srivastava vs. State of U.P. and others reported in 2016 (1) ADJ 21 (DB). A Special Leave to Appeal No.22646 of 2016 filed against the above judgment has also been dismissed by the Supreme Court.

In view of the above authoritative pronouncement, the order impugned dated 23.10.2017 cannot be sustained and is quashed. Matter is remitted to the authority concerned for passing a fresh order upon petitioner's claim for grant of compassionate appointment keeping in view the law laid down in the case of Smt. Vimla Srivastava (supra), within a period of three months from the date of presentation of a copy of this order.

Writ petition stands allowed.

Order Date :- 20.1.2021

Ashok Kr.