Allahabad High Court
Smt. Seema Rani vs State Of U.P. And Another on 17 June, 2021
Bench: J.J. Munir
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 74
Case :- WRIT - A No. - 3525 of 2021
Petitioner :- Smt. Seema Rani
Respondent :- State of U.P. and Another
Counsel for Petitioner :- Ashish Kumar Singh
Counsel for Respondent :- C.S.C.,Shyam Mani Shukla
Hon'ble J.J. Munir,J.
The petitioner's claim for compassionate appointment in place of her deceased mother, Smt. Rajjo Devi wife of late Balwant, who was a Safai Karmchari in the establishment of the Nagar Palika Parishad, Bulandshahr, has been rejected by the Executive Officer, Bulandshahr acting on a very ignorant guidance given by the Director, Local Accounts and Audit Office, Meerut vide his letter no. ????/ 38 dated 26.05.2019. The Director, Local Accounts and Audit Office, Meerut has opined that under The U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (for short, 'the Dying in Harness Rules, 1974'), a married daughter does not fall within the definition of the deceased's family. He has referred to the Ninth Amendment to the Dying in Harness Rules, 1974 made in the year 2011. The Director, Local Accounts and Audit Office, Meerut is quite ignorant of the judgments of this Court in Smt. Vimla Srivastava vs. State of U.P. and another, 2016 (1) ADJ 21 and Smt. Neha Srivastava v. State of U.P. & Another, Special Appeal (Defective) No. 863 of 2015, decided on 23.12.2015, both rendered by Division Benches of this Court and my decision in Manjul Srivastava vs. State of U.P. and others, 2021 (1) ADJ 433, where the relevant regulations have been held to be discriminatory and read down in a manner to include in the definition of family a married daughter of the deceased in the same manner as a married son. The Director, Local Accounts and Audit Office, Meerut ought to know that once this Court has pronounced upon the validity or the interpretation of Dying in Harness Rules, 1974, it is our interpretation that governs the rights of parties and not the way the statute or the statutory rules read to the understanding of the Authorities of the State does. The Director, Local Accounts and Audit Office, Meerut is warned to be careful in future in ignoring the decision of this Court rendered in Smt. Vimla Srivastava and Smt. Neha Srivastava in matters relating to dying in harness claims, put forward by married daughters of a deceased government servant.
Mr. Vishal Singh, learned Standing Counsel appearing for the State and Mr. S.M. Shukla, learned Counsel appearing on behalf of the Nagar Palika Parishad do not dispute the aforesaid legal position in terms of the three decisions of this Court, above referred.
In this view of the matter, no counter affidavit is required to be filed in the present case, the rights of parties being concluded in terms of consistent authority.
In the circumstances, the impugned order dated 29.07.2019, carried in Annexure no.8 to the writ petition, rejecting the petitioner's application seeking appointment under the Dying in Harness Rules, 1947 passed by the Executive officer, Nagar Palika Parishad, Bulandshahr, is hereby quashed. A mandamus is issued to the Executive Officer, Nagar Palika, Parishad, Bulandshahr to consider the petitioner's case for appointment under the Dying in Harness Rules, 1974, treating her to be eligible, within a period of one month from the date of receipt of a copy of this order.
The writ petition is allowed in terms of the aforesaid orders.
Let this order be communicated to the Executive Officer, Nagar Palika Parishad, Bulandshahr and also to the Director, Local Accounts and Audit Office, Meerut by the Joint Registrar (Compliance) within 72 hours.
Order Date :- 17.6.2021
Anoop
