Allahabad High Court
C/M Rani Rajeshwari Kumari Inter ... vs Amita Srivastava And Ors. on 29 June, 2021
Bench: Ritu Raj Awasthi, Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 1
Case :- SPECIAL APPEAL DEFECTIVE No. - 214 of 2021
Appellant :- C/M Rani Rajeshwari Kumari Inter College Thru Manager
Respondent :- Amita Srivastava And Ors.
Counsel for Appellant :- Raj Kumar Upadhyaya (R.K.
Counsel for Respondent :- C.S.C.,Drupad Upadhyay
Hon'ble Ritu Raj Awasthi,J.
Hon'ble Dinesh Kumar Singh,J.
Heard Mr. Raj Kumar Upadhyaya, learned counsel for appellant as well as Mr. Drupad Upadhyay, learned counsel for respondent no. 1 and learned standing counsel for respondent-State.
This intra Court appeal has been filed challenging the order dated 5.3.2021 passed by the learned Single Judge in Writ Petition No. 15655 (SS) of 2018.
The appeal has been filed with reported delay of 82 days as on the date of filing. It is accompanied with an application for condonation of delay along with affidavit.
Considering the ground taken in the affidavit filed in support of application for condonation of delay and more particularly the order dated 27.4.2021 passed in SMW (C) No. 3 of 2020; Cognizance for Extension of Limitation Vs. XXXX by the Apex Court, we feel it appropriate to condone the delay. The application is allowed. The delay in filing of appeal is hereby condoned.
Now, we proceed to decide the appeal on merit.
The learned Single Judge considering the judgment dated 27.2.2020 of this Court passed in Writ Service Single No. 25491 of 2018; Rizwana Begum vs. State of U.P. and others has come to conclusion that the respondent no. 1-petitioner being married daughter of the deceased employee, namely, Late Ramesh Kumar Srivastava who died in harness is entitled to get the benefit of U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (for short 'Rules of 1974') and has allowed the writ petition in terms of the judgment of this Court in the case of Rizwana Begum (supra).
The instant special appeal has been filed by the Committee of Management, Rani Rajeshwari Kumari Inter College, Dilippur, Pratapgarh through its Manager, Suraj Pratap Singh where the father of respondent no. 1-petitioner was employed as Head Clerk before his death.
Learned counsel for appellant tried to submit that the claim of widow for employment in place of late Ramesh Kumar Srivastava was not considered by the learned Single Judge. The widow of late Ramesh Kumar Srivastava had not claimed any compassionate appointment. The married daughter i.e., respondent no. 1 had not submitted no objection from the widow of late Ramesh Kumar Srivastava. The learned Single Judge without considering the need of the family of late Ramesh Kumar Srivastava for giving them compassionate appointment has proceeded to decide the writ petition in a cursory manner.
We have considered the submissions made by the learned counsel for the appellant and gone through the impugned order as well as other relevant documents which are on record.
It is to be noted that the special appeal has been filed on behalf of Committee of Management which cannot be said to be prejudiced or aggrieved by the impugned order as the Committee of Management has no concern whether the widow of late Ramesh Kumar Srivastava or the married daughter of late Ramesh Kumar Srivastava is given compassionate appointment.
It is also to be taken into consideration that it is not in dispute as the legal position is well settled that a married daughter of a deceased employee who died in harness is entitled to get the benefit of the Rules of 1974 for compassionate appointment.
It is well settled in law that the Rules of 1974 are fully applicable to the institutions governed under U.P. Intermediate Education Act, 1921.
In this view of the matter, we are of the considered view that the learned Single Judge has rightly held that in view of law laid down by this Court in the case of Rizwana Begum (supra) the respondent no. 1-pettioner was fully entitled to be considered for compassionate appointment under the Rules of 1974.
The special appeal being devoid of merit is dismissed.
[Dinesh Kumar Singh, J.] [Ritu Raj Awasthi, J.]
Order Date :- 29.6.2021
Santosh/-
