Court No. - 33
Case :- WRIT - A No. - 18859 of 2016 Petitioner :- Smt. Kusum Pandey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dheeraj Singh Bohra,Akhilesh Kumar Pandey,Shreesh Bahadur Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This writ petition is directed against orders dated 15.09.2010 and 09.03.2016, passed by the respondent no.4 and 2 respectively, whereby petitioner's application for grant compassionate appointment has been rejected solely on the ground that the petitioner being a married daughter is not a member of the family as defined under the Recruitment of Dependants of Government Servant Dying in Harness Rules, 1974 and is not eligible to be appointed under dying in harness.
Learned counsel for the petitioner has invited attention of this Court to a Division Bench judgment of this Court in Smt. Vimla Srivastava Vs. State of U.P. and another, rendered in Writ Petition No. 60881 of 2015, in which the word 'unmarried' contained in Rule 2(c)(iii) has been held to be illegal and unconstitutional and has been struck down. It is submitted that in view of the judgment of the Division Bench, the impugned orders cannot be sustained.
Learned Standing Counsel for the State authorities have not been able to dispute the legal preposition laid down by the Division Bench in Smt. Vimla Srivastava (supra).
In view of the declaration made by this Court holding the word 'unmarried' contained in Rule 2(c)(iii) of the Rules of 1974 to be unconstitutional, the rejection of petitioner's candidature cannot be sustained.
Writ petition, accordingly, succeeds and is allowed. Orders dated 15.09.2010 and 09.03.2016 are quashed. Respondent no.2 & 4 are directed to reconsider the claim of petitioner strictly in accordance with law laid down in Smt. Vimla Srivastava (supra) and her claim would not be discarded merely on the ground that the petitioner is a married daughter. The required exercise shall be taken within a period of three months from the date of presentation of a copy of this order.
Order Date :- 28.7.2021 Ashok Kr.