1. Heard learned counsel for the petitioner, learned Standing counsel for respondent No.1 and Sri N.C. Mehrotra, learned counsel for respondent Nos.2 to 5.
2. By means of present writ petition, the petitioner has prayed for the following reliefs:
"(i) Issue a writ order or direction in the nature of Mandamus commanding the opposite parties to consider and appoint the petitioner on the basis of Dying in Harness Rules after death of her mother Smt. Vinodini Shukla who died on 29.01.2018 during service on the post of Principal, Poorva Mandhyamik Vidyalaya, Rudha Chharasi, District Sitapur.
(ii) Issue a writ order or direction in the nature of mandamus commanding the opposite parties thereby directing to opposite party no.2 to consider and decide the representation of petitioner dated 1.10.2019 and appoint the petitioner on compassionate ground accordingly."
3. Brief fact of the case is that mother of the petitioner was working as Principal in Poorva Madhyamik Vidyalaya, Rudha Chharasi, Kasmand, District Sitapur, who died while in service on 29.01.2018. The petitioner being only dependent upon her mother applied for grant of appointment on compassionate ground on 1.10.2019. Her claim is pending consideration before the respondent no.3.
4. Submission of learned counsel for the petitioner is that the petitioner, being only dependent upon her mother, is entitled for consideration of appointment on compassionate ground. He placed reliance upon a Division Bench judgment of this court in Writ-C No.60881 of 2015 decided vide judgment and order dated 04.12.2015, wherein the Division Bench of this Court has held that the married daughter is also entitled for consideration of her claim for appointment on compassionate ground. Hon'ble Supreme Court while dealing with a matter of appointment on compassionate ground in regard to married daughter has also upheld the judgment of this court vide order dated 23.07.2019 passed in SLP No.22646 of 2016, arising out of Special Appeal Defective No.863 of 2015. Copy of the same is annexed as Annexure-9 to the writ petition.
5. Next submission of learned counsel for the petitioner is that the petitioner is only dependent of her mother and there is nobody in her family to claim appointment on compassionate ground, therefore, in absence of any other source of livelihood, the petitioner is entitled for grant of appointment on compassionate ground.
6. On the other hand, learned counsel for the respondents admitted the position of law laid down by the Division Bench of this court as well as Hon'ble Apex Court. They also do not dispute the fact that the petitioner is only dependent in her family.
7. I have considered the submissions advanced by learned counsel for the parties and perused the material on record.
8. On perusal of the material on record, it is apparent that the petitioner is a married daughter of the deceased employee and is only dependent of her mother .
9. I have also perused the judgment rendered by the Division Bench of this court as well as Hon'ble Apex Court and the above referred judgment which lays down that appointment to a married daughter cannot be denied on the ground that she is married.
10. Considering the facts and circumstances of the case as well as judgments referred hereinabove, this writ petition is disposed of with a direction to respondent No.3 i.e. Zila Basic Shiksha Adhikari, Sitapur to consider the application of the petitioner dated 1.10.2019 for the grant of appointment on compassionate ground in the light of the observation made above and the judgments placed on record of the writ petition. The said exercise shall be completed within a period of three months from the date of production of a certified copy of this order.
Order Date :- 11.2.2021 GK Sinha