Smt. Sandhya Pandey vs State Of U.P. And 2 Others
2021 Latest Caselaw 8902 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 7207 of 2021
 

 
Petitioner :- Smt. Sandhya Pandey
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Bala Nath Mishra,Ram Vishal Mishra,Sachin Mishra
 
Counsel for Respondent :- C.S.C.,Ashish Mishra
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner and Ms. Pooja Agarwal, learned counsel appearing on behalf of respondent no. 3.

The present petition has been filed challenging the order dated 30.1.2019, whereby the petitioner's application for compassionate appointment has been rejected solely on the ground that the petitioner is a married lady and is not entitled to be considered for appointment on compassionate grounds.

Learned counsel for the petitioner argues that this question has been well settled by this Court in the case of Smt. Vimla Srivastava Vs. State of U.P. and another in Writ-C No. 60881 of 2015, judgment dated 4.12.2015. Although the said judgment was passed in the year 2015, it is surprising that the order dated 24.1.2019 came to be passed, by a Joint Registrar of this Court in ignorance of law and contrary to the specific judgment of this Court.

The petitioner claims that he has filed an application for review of the said order, which is pending consideration before the respondent no. 2 who is yet to forward the same to the respondent no. 3, as is clear in terms of the instructions received by the respondents.

Considering the fact that the judgment of this Court in the case of Smt. Vimla Srivastava (supra) and many other subsequent judgments were passed by this Court on the judicial side, it was expected that a Joint Registrar would be aware of the law as laid down by this Court.

The order dated 30th January, 2019 being contrary to the mandate of this Court deserves to be struck down, accordingly, the order dated 30.1.2019 is set aside with directions to the respondent no. 3 to consider the claim of the petitioner in accordance with law without taking into account the marital status of the petitioner. The said exercise shall be completed by the respondent no. 3 within a period of two months from today. In view of the fact that order dated 30th January, 2019 is set aside, consequently, the communication order dated 5th February, 2019 is also not being sustained and is quashed.

The writ petition is allowed.

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

Order Date :- 28.7.2021

S. Rahman