Hemlata vs State Of U P And 3 Others
2021 Latest Caselaw 8260 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 7808 of 2021
 

 
Petitioner :- Hemlata
 
Respondent :- State Of U P And 3 Others
 
Counsel for Petitioner :- Ram Surat Patel
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Yashwant Varma,J.

Heard learned counsel for the petitioner and Sri Piyush Shukla learned Standing Counsel for the State respondents.

Learned Standing Counsel fairly concedes that the impugned decision of the fourth respondent holding that the petitioner would not be entitled to be considered for appointment on compassionate grounds since she was a married daughter of the deceased government servant would not sustain in light of the decision rendered by the Division Bench of the Court in Smt. Vimla Srivastava v. State of U.P. and Another [2016(1) ADJ 21]. The decision in Vimla Srivastava was followed by another Division Bench in Neha Srivastava v. State of U.P. And Another [Special Appeal Defective No. 863 of 2015 decided on 23.12.2015]. SLP No. 22646 of 2016 taken against the judgment rendered by the Division Bench in Neha Srivastava has come to be dismissed by the Supreme Court on 23 July 2019. In view of the aforesaid, it was submitted that the ends of justice would warrant the impugned order being set aside and the matter remitted to the fourth respondent for considering the claim afresh.

Accordingly, and with consent, this writ petition is allowed. The impugned order dated 23 April 2021 is quashed and set aside. The matter shall stand remitted to the fourth respondent for deciding the issue afresh bearing in mind the decision of this Court in Vimla Srivastava. The exercise of consideration shall be concluded with expedition and preferably within a period of four months from the date of presentation of a duly authenticated copy of this order.

Order Date :- 19.7.2021

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