Court No. - 6
Case :- WRIT - A No. - 418 of 2019 Petitioner :- Kavita Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Prakash Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Sri S.K. Dubey, the learned Additional Chief Standing Counsel.
Since only a legal issue has been addressed, the Court has proceeded with the consent of parties to dispose of the writ petition finally at this stage without inviting any Affidavits.
The application of the petitioner for grant of compassionate appointment has been negatived on the sole ground that she is a divorced daughter who is not covered under the definition of "family" as set forth in the 1974 Rules.
Before this Court, it is not disputed that unmarried daughters are covered under the expression "family" as set forth in the 1974 Rules. It also cannot possibly be disputed that once a decree of divorce is entered and the marriage annulled, the daughter does not and cannot possibly be viewed as being married. She thus consequently attains the status of an unmarried daughter.
In view of the above, the reasoning employed in the impugned order cannot be sustained.
Accordingly, this writ petition is allowed. The impugned order dated 3 December 2018 is hereby quashed. The matter shall in consequence stand remitted to the third respondent for considering the claim of the petitioner afresh and in accordance with law. The Court further provides that the third respondent shall endeavour to dispose of the claim with expedition and preferably within a period of four months from the date of presentation of a certified copy of this order.
Order Date :- 27.2.2019/Arun K. Singh