Gyatri Devi vs State Of U.P.Thru.Prin.Secy. ...
2021 Latest Caselaw 4660 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- SERVICE SINGLE No. - 8674 of 2021
 

 
Petitioner :- Gyatri Devi
 
Respondent :- State Of U.P.Thru.Prin.Secy. Revenue & Ors.
 
Counsel for Petitioner :- Dheeraj Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Chandra Dhari Singh,J.

The petition seeks issuance of a writ in the nature of mandamus to command the respondents to consider and decide the claim of the petitioner for the grant of compassionate appointment on suitable post as per the provisions of U.P. Recruitment of Dependents of Government Servants (Dying in Harness) Rules, 1974 and also to consider and decide the representation of the petitioner.

Learned counsel for the petitioner has submitted that mother of the petitioner was appointed on the post of Collection Peon and during service period, she died on 16.03.2016. It is submitted that the petitioner is the legal heir of the deceased employee.

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'.

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.

A writ of mandamus is issued to respondent no.2/District Magistrate, Lakhimpur Kheri to consider the petitioner's claim for compassionate appointment 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 :- 25.3.2021

VNP/-