Chetna Devi vs State Of U.P. And 5 Others
2022 Latest Caselaw 9978 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 8368 of 2022
 
Petitioner :- Chetna Devi
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Atipriya Gautam,Rishabh Kesarwani,Sr. Advocate
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Heard Shri V.K. Mishra, learned counsel for petitioner and Shri V.B. Yadav, learned Standing Counsel for State.

The claim of petitioner for compassionate appointment was rejected on the ground that her claim on basis of being married daughter cannot be accepted as amendment carried out in the Amended Rules was after death of her father.

Shri V.B. Yadav, learned Standing Counsel submits that amendment was carried out subsequently and it was prospective in nature, therefore, it cannot be considered to be retrospective to grant benefit to petitioner.

The above contention of learned Standing counsel is baseless as this Court by an order dated 4.12.2015 passed in Smt. Vimla Srivastava vs. State of U.P. and another; 2016 (1) ADJ 21 (DB), has strike down the word 'unmarried' in Rule 2(c)(iii) of Recruitment of Dependants of Government Servant Dying-in-Harness Rules, 1974. Therefore, the claim of a married daughter for compassionate appointment could be considered after said judgment was passed on 4.12.2015. Therefore, the amendment carried on 12.11.2021 is not consequential, since the father of petitioner has died after 4.12.2015 when this Court has strike down, the word 'unmarried' and therefore, her claim being married daughter has to be considered in terms of Rules of the Dying in Harness Rules, 1974 and her claim cannot be rejected only on ground that amendment in the Rules was carried out subsequently, after death of her father.

In view of above, the impugned order dated 28.2.2022 is set aside and this writ petition stands disposed of accordingly and the respondents are directed to consider the claim of petitioner as fresh within time limit prescribed by the Supreme Court in the case of Malaya Nanda Sethy vs. State of Orissa and others; 2022 SCC OnLine SC 684.

Order Date :- 11.8.2022

Rishabh

[Saurabh Shyam Shamshery, J.]