Allahabad High Court
Smt. Santosh Kumari Mishra vs State Of U.P. Thru Prin.Secy.Home ... on 23 March, 2021
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 20
Case :- SERVICE SINGLE No. - 4643 of 2017
Petitioner :- Smt. Santosh Kumari Mishra
Respondent :- State Of U.P. Thru Prin.Secy.Home Civil Sectt.Lucknow & Ors.
Counsel for Petitioner :- Manoj Kumar Gupta,Dileep Kumar Tiwari,Shraddha Tripathi
Counsel for Respondent :- C.S.C.
Hon'ble Chandra Dhari Singh,J.
C.M. Application No.17601 of 2021
This is an application for recall of the order dated 09.12.2020 and for restoration of the writ petition.
Learned Standing Counsel has no objection to the prayer of the learned counsel for the petitioner.
Heard learned Counsel for the parties and perused the affidavit filed in support of recall application. Cause shown in the affidavit is found satisfactory.
On due consideration, application is allowed.
The order dated 09.12.2020 is recalled. The writ petition is restored to its original number.
With the consent of the parties, this Court proceeds to hear the matter finally.
Heard.
The petition seeks issuance of a writ in the nature of certiorari quashing impugned order dated 27.06.2016 passed by respondent no.3/Senior Superintendent of Police, Faizabad.
The petition also seeks issuance of a writ in the nature of mandamus directing respondents to reconsider the case of the petitioner for appointment on compassionate grounds under U.P. Recruitment of Dependents of Government Servant Dying in Harness Rules, 1974.
Learned counsel for the petitioner has submitted that the father of the petitioner namely Bhawani Pher Tiwari was working as Constable in Ghursawar Shakha, Police Line, Faizabad and during his service period, he was died on 31.12.2010 leaving behind one son, namely, Ravi Shanker Tiwari aged about 40 years. The son of the deceased is married and is living separately. The petitioner submitted her application after getting No Objection Certificate from her mother and brother.
Learned counsel has submitted that claim of the petitioner for appointment on compassionate ground has been rejected by the competent authority vide impugned order 27.06.2016 (supra) only on the ground that the petitioner is a married daughter, therefore, she is not entitled for the compassionate appointment. Learned counsel has relied upon a judgment rendered by this Court in the case of Mrs. Vinay Kumari v. State of U.P. & Anr. - 2021 (2) ADJ 82 (LB) and submitted that the law is settled that under Section 2C of dying in harness rules, the petitioner/married daughter is also included in the 'member of family'.
Learned counsel has submitted that in view of the above, the impugned order dated 27.06.2016 (supra) passed by respondent no.3 is illegal, arbitrary and contrary to the law settled and deserves to be quashed.
Per Contra, learned counsel appearing for the State has opposed the petition on merit, however has acceded to the legal position laid down by Hon'ble Supreme Court as well as this Court.
I have heard learned counsel for the parties and perused the record. I have also perused the judgment passed in Mrs. Vinay Kumari's case (supra).
From perusal of the judgment passed in Mrs. Vinay Kumari's case (supra), it is evident that the case of the petitioner is squarely covered to that of Mrs. Vinay Kumari's case (supra). It is now well settled that under Section 2C of dying in harness rules, the petitioner/married daughter is also included in the 'member of family'.
In view of the above, the instant petition is allowed.
Impugned order dated 27.06.2016 (Annexure - 1) passed by respondent no.3/Senior Superintendent of Police, Faizabad is hereby quashed.
A mandamus is issued to the respondent no.3/Senior Superintendent of Police, Faizabad to consider the petitioner's claim for compassionate appointment afresh in terms of judgment rendered in Mrs. Vinay Kumari's case (supra) within a period of three months from the date of production of a copy of this order.
No order as to costs.
Order Date :- 23.3.2021
akverma
