Smt. Komal Kumari vs State Of U.P.Thru Prin.Secy. ...
2023 Latest Caselaw 2121 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 1248 of 2021
 
Petitioner :- Smt. Komal Kumari
 
Respondent :- State Of U.P.Thru Prin.Secy. Geology And Mining Lko And Ors.
 
Counsel for Petitioner :- Kshemendra Shukla,Raj Krishna
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for petitioner and learned Standing Counsel for the State.

Present writ petition is filed by the petitioner challenging the order dated 7.1.2021 passed by respondent no.2 whereby representation of the petitioner for appointment under the Dying in Harness Rules is rejected on the ground that she is a married daughter.

Learned counsel for the petitioner has relied upon a Division Bench judgment of this Court in the case of Smt. Vimla Srivastava vs. State of U.P. and another: Writ-C No.60881 of 2015 and other connected matters, decided on 4.12.2015, wherein the Court held that the exclusion of married daughters from the ambit of the expression "family" in Rule 2(c) of the Dying in Harness Rules is illegal and unconstitutional, being violative of Articles 14 and 15 of the Constitution and directed for reconsideration of the case of the petitioner therein for compassionate appointment.

In view thereof, the writ petition is allowed and the order dated 7.1.2021 is set aside. The petitioner is permitted to make a fresh detailed representation to respondent no.2-Director, Geology and Mining, U.P. Lucknow, raising all her grievance, annexing therewith a copy of this writ petition along with annexures and all the documents in support of her claim including a copy of judgment of the Division Bench in the case of Smt. Vimla Srivastava (supra) within a period of two weeks from today along with a computer generated/certified copy of this order.

In case such a representation is moved by petitioner, respondent no.2 shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of two months from the date a computer generated/certified copy of this order along with representation is placed before him.

.

[Vivek Chaudhary,J.]

Order Date :- 19.1.2023

Sachin