Smt. Neha Garg vs State Of U P And 2 Others
2021 Latest Caselaw 3749 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 2579 of 2021
 

 
Petitioner :- Smt. Neha Garg
 
Respondent :- State Of U P And 2 Others
 
Counsel for Petitioner :- Satya Deo Ojha
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Petitioner's claim for compassionate appointment was directed to be considered by this Court vide order dated 19.02.2016 passed in Writ Petition No. 7684 of 2016. The Additional Director (Basic) has rejected petitioner's claim on the ground that family defined in the Dying-in-Harness Rules does not included married daughter.

A Division Bench of this Court in the case of Vimla Srivastava Vs. State of U.P. and others, delivered in Writ Petition No. 60881 of 2015, has examined the legality of family as defined in the U.P. Recruitment of Dependants of Government Servant Dying in Harness Rules, 1974. After considering the law the Division Bench held that married daughter cannot be excluded from the definition of 'family' and the definition contained in Rule 2(c) has already been declared to be ultra-virus. This judgment has been affirmed by the Apex Court with dismissal of Special Leave Petition filed by State of Uttar Pradesh on 23.07.2019.

In such circumstances petitioner's claim for compassionate appointment cannot be rejected only on the ground that she is a married daughter. Consequently, order passed by the Additional Director (Basic) dated 15.03.2017 stands quashed . The matter stands remitted to the 2nd respondent to take a fresh decision in light of the law laid down by this Court in the case of Vimla Srivastava (Supra).

Subject to the aforesaid observations/ directions this petition stands disposed of.

Order Date :- 16.3.2021

Abhishek Singh