Allahabad High Court
Anju Yadav vs State Of U.P. Thru. Prin. Secy. ... on 9 July, 2021
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 19
Case :- SERVICE SINGLE No. - 14122 of 2021
Petitioner :- Anju Yadav
Respondent :- State Of U.P. Thru. Prin. Secy. Urban Devlp.& Anr.
Counsel for Petitioner :- Nirankar Singh
Counsel for Respondent :- C.S.C.,Namit Sharma
Hon'ble Chandra Dhari Singh,J.
The petition seeks issuance of a writ in the nature of certiorari quashing order dated 30.06.2021, which is appended with the petition as Annexure - 1.
The petition also seeks issuance of a writ in the nature of mandamus directing respondent no.2 to reconsider the case of the petitioner for appointment on compassionate grounds under U.P. Recruitment of Dependents of Government Servant Dying in Harness Rules, 1974.
Learned counsel for the petitioner has submitted that mother of the petitioner was appointed on the post of Gangman (Tax Anubhag) at Lucknow Municipal Corporation. During service she died on 09.04.2021 as is evident from Death Certificate annexed with the petition as Annexure - 2. It is submitted that the petitioner is the only legal heir of the deceased employee.
Learned counsel has submitted that claim of the petitioner for appointment on compassionate ground has been rejected by the competent authority vide impugned order 30.06.2021 (supra) only on the ground that the petitioner is a married daughter, therefore, she is not entitled for the compassionate appointment. Learned counsel has relied upon a judgment rendered by this Court in the case of Mrs. Vinay Kumari v. State of U.P. & Anr. - 2021 (2) ADJ 82 (LB) and submitted that the law is settled that under Section 2C of dying in harness rules, the petitioner/married daughter is also included in the 'member of family'.
Learned counsel has submitted that in view of the above, the impugned order dated 30.06.2021 (supra) is illegal, arbitrary and contrary to the law settled and deserves to be quashed.
Per Contra, learned counsel appearing for the State has opposed the petition on merit, however has conceded to the legal position laid down by Hon'ble Supreme Court as well as this Court.
I have heard learned counsel for the parties and perused the record. I have also perused the judgment passed in Mrs. Vinay Kumari's case (supra).
As per impugned order dated 30.06.2021, the competent authority has rejected the petitioner's application for compassionate appointment merely on the ground that she is a married daughter, therefore, is not entitled to get the benefit under dying in harness rules. The impugned order is reproduced hereinbelow:-
"????? ???? ?????? ???? ?????????-???? ?? ??????? ???? ???? ?? ???? ????? ?????? ?? ?????? ???? ???? ??????? ???? ????, ???????, ?? ????? ???-1, ??? ???? ???? ?? ??????? ??? ?????? 09.04.2021 ?? ??????? ?? ???? ?? ???? ???? ?????? ?? ??? ??? ???? ??? ??? ???? ?? ?????? ???? ??? ??? ???? ?? ??????? ??? ???? ????? ?? ?? ?????? ??????? ??? ??? ?????? ?????? ?? ???????? ?? ????? ???????? 1974 ?? ?????? (?) ? (?) ??? ??????? ?????? ?? ???? ?????? ?? ??? ??? ???? ??? ??? ???? ?? ????????? ? ???? ?? ???? ???? ??????????? ?????? ???? ???? ???"
From perusal of the judgment passed in Mrs. Vinay Kumari's case (supra), it is evident that the case of the petitioner is squarely covered to that of Mrs. Vinay Kumari's case (supra). It is now well settled that under Section 2C of dying in harness rules, the petitioner/married daughter is also included in the 'member of family'.
In view of the above, the instant petition is allowed.
A writ of certiorari is issued quashing impugned order dated 30.06.2021 (Annexure - 1).
A mandamus is issued to respondent no.2/Municipal Commissioner, Lucknow Municipal Corporation, Lucknow to consider the petitioner's claim for compassionate appointment afresh in terms of judgment rendered in Mrs. Vinay Kumari's case (supra) within a period of three months from the date of production of a copy of this order, if there is no other legal impediment.
No order as to costs.
Order Date :- 9.7.2021
nishant/-
