Ramsakhi Devi vs State Of U.P. And Another
2021 Latest Caselaw 8055 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 13736 of 2020
 

 
Petitioner :- Ramsakhi Devi
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Kripa Shankar Shukla,Manoj Kumar Yadava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

This present writ petition has been filed alleging that the husband of the petitioner was posted in the office of the respondent No.2 as Beldar and unfortunately died on 9.11.2013 while in service. The petitioner is the wife of late Phulena Yadav and being the dependant was entitle or being considered for appointment under the dying-in-harness Rules, however on account of her age, she requested that the daughter of the petitioner Mina Devi may be considered for appointment. It is on record that Mina Devi is married and it is stated on record that only on account of marriage of Mina Devi the candidature is not being considered.

Counsel for the petitioner argues that it is now settled that even married daughters are entitle for consideration for appointment under the dying-in-harness Rules. In support of his argument, he placed reliance on a judgment of this Court rendered in the case of Neha Srivastava Vs. State of U.P. and others; Special Appeal Defective No.863 of 2015 decided on 23.12.2015.

In view of said law which has now settled, the married daughter is also entitle to be considered for appointment under dying-in-harness Rules.

The present writ petition is disposed of with direction to the respondent No.2 to consider the application of Mina Devi daughter of late Phulena Yadav under dying-in-harness Rules for appointment. The said order shall be passed by the respondent No.2 as expeditiously as possible preferably within a period of six months from the date of filing of copy of this order before the respondent No.2.

The writ petition stands disposed of.

Order Date :- 15.7.2021

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