Smt. Suman Kumari vs State Of U.P. Thru. The Addl. Chief ...
2023 Latest Caselaw 257 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- WRIT - A No. - 797 of 2022
 

 
Petitioner :- Smt. Suman Kumari
 
Respondent :- State Of U.P. Thru. The Addl. Chief Secy. Basic Edu. Civil Secrtt . U.P Lko.And Others
 
Counsel for Petitioner :- Sheshnath Bhardwaj Advoc
 
Counsel for Respondent :- C.S.C.,Rahul Shukla,Ran Vijay Singh
 

 
Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioner.

Present petition has been filed stating that the father of the petitioner had died while in harness on 22.12.2016. It is claimed that the petitioner moved an application for appointment under U.P. Recruitment of Dependents of Government Servant (Dying in Harness) Rules within the prescribed period of limitation but it appears that the same has not been considered on the ground that the petitioner is a married lady.

Learned counsel for the petitioner relies upon the judgment of this Court in the case of Smt. Vimla Srivastava v. State of U.P. & Anr.; (2016) 1 ADJ 21 to argue that even married daughters are entitled for consideration.

Considering the fact that respondent no.4 is to take the decision, the present petition is disposed off directing respondent no.4 to take a decision on the application of the petitioner in accordance with law. While doing so, the application shall not be rejected only on the ground that the petitioner is a married lady in view of the law laid down by this Court in the case of Smt. Vimla Srivastava (supra).

The said consideration shall be done within a period of four months.

Order Date :- 3.1.2023

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