Preeti Dubey vs State Of U P And 2 Others
2021 Latest Caselaw 8170 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 4346 of 2021
 

 
Petitioner :- Preeti Dubey
 
Respondent :- State Of U P And 2 Others
 
Counsel for Petitioner :- Rajendra Prasad Tiwari,Vinay Kumar Tiwari
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Petitioner is permitted to correct the description of respondent no.2 as 'District Inspector of Schools, Agra' in place of 'District Inspector of School Mathura'.

Petitioner's father allegedly was employed as Assistant Teacher in an aided Intermediate Institution recognized under the provisions of the U.P. Intermediate Education Act, 1921. Father of petitioner appears to have died in a road accident on 12.8.2014 in harness. An application for grant of compassionate appointment filed by the petitioner on 5.11.2016 has remained pending. It is contended that initially authorities were doubtful whether married daughter can be offered compassionate appointment or not, but in view of the authoritative pronouncement of law by this Court in the case of Smt. Vimla Srivastava Vs. State of U.P. and Another, 2016(1) ADJ 21, such claim would clearly be admissible. This judgment has also been affirmed by Hon'ble Supreme Court with dismissal of Special Leave Petition No.22646 of 2016.

Learned Standing Counsel states that the competent authority shall examine the matter, in accordance with law.

In the facts and circumstances, noticed above, this writ petition is disposed of directing the second respondent to examine the petitioner's claim for grant of compassionate appointment in light of the law laid down by this Court in the case of Smt. Vimla Srivastava (supra), within a period of four months from the date of presentation of a copy of this order.

The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.

Order Date :- 16.7.2021

Anil