Pratibha Singh vs State Of U.P. And 3 Others
2021 Latest Caselaw 8648 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 3667 of 2021
 

 
Petitioner :- Pratibha Singh
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Ghan Shyam Maurya
 
Counsel for Respondent :- C.S.C.,Pramod Kumar Gupta
 

 
Hon'ble Pankaj Bhatia,J.

By means of the present writ petition, the petitioner is challenging the order dated 22.10.2019 whereby the claim of the petitioner for appointment on compassionate ground has been rejected solely on the ground that the petitioner is a married lady.

The facts, in brief, are that the father of the petitioner Sri Jagdish Singh was employed as Clerk in Sri Krishna Laghu Madhyamic Vidyalaya, Parashurampur, Chandauli died on service on 22.12.2014. Petitioner claims that she is the sole legal heir of the said late Sri Jagdish Singh and applied for grant of appointment on compassionate ground which was rejected on 22.10.2019.

The contention of the counsel for the petitioner is that the issue is settled in view of the judgment of this Court in the case of Vimla Srivastava Vs. State of UP decided on 4.12.2015 (Writ C No. 60881 of 2015) wherein this Court had held that exclusion of the married daughter for consideration is bad in law and is in violation of Article 14 and 15 of the Constitution of India and thus in the light of the said judgment, the order dated 22.10.2019 cannot be sustained. Accordingly, the writ petition is allowed and the order dated 22.10.2019 passed by the Respondent No. 3 is set aside. The Respondent No. 3 is directed to reconsider the case of the petitioner for grant of appointment on compassionate ground in accordance with law without considering the marital status of the petitioner.

The said exercise shall be completed by the Respondent No. 3 as expeditiously as possible preferably within a period of four months from the date of filing of a copy of this order.

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

Order Date :- 26.7.2021

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