Kritika Singh vs State Of U.P. And 2 Others
2021 Latest Caselaw 8070 ALL

Citation : 2021 Latest Caselaw 8070 ALL
Judgement Date : 15 July, 2021

Allahabad High Court

Kritika Singh vs State Of U.P. And 2 Others on 15 July, 2021

Bench: Pankaj Bhatia




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 6545 of 2021
 

 
Petitioner :- Kritika Singh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Vidya Kant Shukla,Anil Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

As the questions related to interpretation of law are involved, no counter affidavit is being called and the matter is being finally decided.

The present petition has been filed challenging the order dated 28.5.2021, whereby the petitioner has been directed to obtain a divorce decree for consideration of her application for appointment on compassionate ground on account of death of her mother Smt. Kadambari Singh, who died in harness.

The contention of the counsel for the petitioner is that the order dated 28.5.2021 is contrary to the mandate of the judgments of this Court in the case of Smt. Vimla Srivastava vs. State of U.P. and another; 2016 (1) ADJ 21, Smt. Neha Srivastava v. State of U.P. & Another, Special Appeal (Defective) No. 863 of 2015, decided on 23.12.2015 and Manjul Srivastava vs. State of U.P. and others, 2021 (1) ADJ 433. In the said judgments, this Court had clearly held and laid down that the married daughter is also entitled for consideration for appointment under the dying-in-harness rules.

The order dated 28.5.2021 is clearly against the mandate of the judgment delivered by this Court. Accordingly, the order dated 28.5.2021 is set aside with directions upon the respondent no. 2 to consider the case of the petitioner for appointment on compassionate ground on account of death of her mother Smt. Kadambari Singh in harness, subject to she fulfilling the other qualifications for appointment. It is clarified that the claims of the petitioner shall not be denied for consideration solely on the ground that the petitioner is a married lady or she has not obtained a divorce decree.

The petition is disposed off in terms of the said directions.

Copy of the order downloaded from the official website of this Court shall be accepted/treated as certified copy of this order.

Order Date :- 15.7.2021

S. Rahman