Allahabad High Court
Reshma vs State Of U.P. And 2 Others on 22 January, 2021
Bench: Vivek Kumar Birla
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 4
Case :- WRIT - A No. - 10031 of 2019
Petitioner :- Reshma
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Manoj Kumar Tiwari
Counsel for Respondent :- C.S.C.,Jay Ram Pandey
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
Present petition has been filed with following prayers:-
"i.Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 28.04.2019 passed by the District Basic Shiksha Adhikari, Mirzapur (Respondent No.2).
ii. Issue a writ, order or direction in the nature of mandamus to direct the Respondent No.2 to appoint the petitioner on compassionate ground on the death of her father under U.P. Recruitment of Dependents of Government Services Dying-in- Harness Rules 1974."
On 17.7.2019 following order was passed:-
"Heard learned counsel for the petitioner, learned standing counsel for respondent No. 1 and Sri Jay Ram Pandey, learned counsel for respondent Nos. 2 & 3.
Petitioner raises an issue for compassionate appointment of a married daughter in the light of the judgments of the Division Bench of this Court in the case of Vimla Srivastava vs. State of U.P. and others; 2016 (1) AWC page 1038 and Neha Srivastava vs. State of U.P. and another in Special Appeal Defective No. 863 of 2015 dated 23 of December, 2015.
Sri Jay Ram Pandey, learned counsel for respondent Nos. 2 & 3 informs the Court that the judgment in the case of Neha Srivastava, which has relied upon the jdugment of Vimla Srivastava has come to be stayed by the Supreme Court in Special Leave Petition (C) No. 13846 of 2016 on 29.7.2016.
List this petition after the judgment of the Apex Court. "
Vide order dated 11.7.2019, the case was directed to be listed after disposal of Special Leave to Appeal No. 13846 of 2016 (State of U.P. and others v. Neha Srivastava).
It is not in dispute that aforesaid Special Leave to Appeal along with other connected petitions have been dismissed by Apex Court vide order dated 23.7.2019.
In such view of the matter, there is no legal impediment in considering the claim of the petitioner, who claims that she is the married daughter of the deceased employee.
In such view of the matter, the order impugned herein stands quashed and the matter is remanded back for fresh consideration by the District Basic Education Officer, respondent no.3 afresh.
Accordingly, respondent no. 3 is directed to consider the claim of the petitioner on merits preferably within three months from the date of production of self attested copy of the order, which may be verified from the office website of this Court. In case, respondent no. 3 is of the opinion that some other authority has power to consider the claim of the petitioner, he shall immediately forward the representation of the petitioner to authority concern, who shall decide the same as provided by this order.
Petitioner is at liberty to file a fresh representation along with all relevant documents before respondent no. 3.
The writ petition is disposed of with the aforesaid observations.
Order Date :- 22.1.2021
Aditya
