Radhika Baghel vs State Of U.P. And 3 Ors.
2022 Latest Caselaw 12873 ALL

Citation : 2022 Latest Caselaw 12873 ALL
Judgement Date : 13 September, 2022

Allahabad High Court

Radhika Baghel vs State Of U.P. And 3 Ors. on 13 September, 2022

Bench: Vikram D. Chauhan




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 
Case :- WRIT - A No. - 4553 of 2015
 
Petitioner :- Radhika Baghel
 
Respondent :- State Of U.P. And 3 Ors.
 
Counsel for Petitioner :- Yogesh Srivastava,Siddharth Khare
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vikram D. Chauhan,J.

Heard Sri Himanshu Singh, learned counsel holding brief of Sri Siddharth Khare, learned counsel for the petitioner and learned Standing Counsel for the State.

It is submitted by learned counsel for the petitioner that the claim of the petitioner for grant of compassionate appointment has been rejected by the impugned order dated 5.11.2014 on the ground that the petitioner is a married daughter of the deceased employee and as such under Regulation No. 103 of the Regulations framed under the Intermediate Education Act, 1921, the compassionate appointment cannot be granted.

The challenge to the aforesaid impugned order dated 5.11.2014 is made primarily on the ground that in view of the judgment of this Court in Smt. Vimla Srivastava Vs. State of U.P. and another, reported in 2015(4) UPLBEC 3388 and the judgment of this Court passed in Writ-A No. 9842 of 2022 (Seema Gupta Vs. State of U.P. and 3 others), wherein the right of the daughter to compassionate appointment has been recognized. The subsequent judgment in Seema Gupta (supra) has however held that the exclusion of the daughter on the ground of marital status is violative of Articles 14 and 15 of the Constitution of India.

Learned Standing Counsel for the State does not dispute the aforesaid proposition of law as laid down by this Court in the aforesaid two judgments.

Considering the facts and circumstances of the case and the law laid down by this Court in Smt. Vimla Srivastava (supra) and Seema Gupta (supra), the impugned order dated 5.11.2014 is hereby set aside and the mandamus is issued to respondent no. 3 to revisit the petitioner's claim by ignoring the marital status of the petitioner in compliance of the abovementioned judgment of this Court. The fresh order shall be passed by respondent no. 3 within a period of six weeks from the date of production of certified copy of this order. Consequently, the writ petition succeeds and is allowed.

Order Date :- 13.9.2022

VMA