Rekha Devi vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 21239 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:52373
 
Court No. - 20
 
Case :- WRIT - A No. - 5735 of 2023
 
Petitioner :- Rekha Devi
 
Respondent :- State Of U.P. Thru. Prin. Secy. Medical Health And Family Welfare Deptt. Lucknow And 2 Others
 
Counsel for Petitioner :- Ram Lakhan
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

1. Heard learned counsel for petitioner and learned State Counsel for opposite parties.

2. Petition has been filed seeking a direction to opposite parties for consideration of petitioner for compassionate appointment in place of her mother-in-law Smt. Durga Devi, who passed away in October, 2008. It is submitted that petitioner's husband is also deceased and earlier in view of dire financial situation being faced by petitioner, she was engaged by the department on daily wage basis particularly since at that relevant time petitioner did not come within the purview of family as per the Uttar Pradesh Recruitment of Dependants of Government Servants (Dying in Harness) Rules, 1974.

3. It is however submitted that now in view of the judgment rendered by this Court in the case of Pushpa Devi vs. State of U.P. and 4 others; Writ C No.18519 of 2021, a daughter-in-law is also included in the definition of 'family of the deceased employee' as per the Uttar Pradesh Recruitment of Dependants of Government Servants (Dying in Harness) Rules, 1974, due to which petitioner is also now entitled to be considered for compassionate appointment particularly since she is not in any regular or substantive appointment.

4. Considering the submissions advanced by learned counsel for parties, liberty is granted to petitioner for making a fresh representation before opposite party no.2 i.e. Chief Medical Officer, Lucknow, who shall consider and decide the petitioner's application for compassionate appointment, in accordance with law, particularly keeping in mind the judgment rendered by this Court in the case ofPushpa Devi vs. State of U.P. and 4 others; Writ C No.18519 of 2021, within a period of eight weeks from the date such representation is made along with a certified copy of this order before the concerned authority.

5. With aforesaid observations and directions, the petition is finally disposed of.

Order Date :- 8.8.2023

Arnima