Court No. - 2
Case :- WRIT - A No. - 6743 of 2018 Petitioner :- Smt. Madhu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandra Bhan Dubey,No,Umesh Kumar Counsel for Respondent :- C.S.C.,Pankaj Srivastava
Hon'ble Ram Surat Ram (Maurya),J.
Heard Sri Umesh Kumar for the petitioner , Standing Counsel for State and Sri Pankaj Srivastava for respondents - 3 and 4.
The writ petition has been filed for mandamus directing the respondents to decide the representation of the petitioner dated 10.8.2016.
It has been stated that father of the petitioner was a Class IV employee in Nagar Nigam Meerut. He died in harness on 26.1.2003. The petitioner moved an application for her compassionate appointment on 5.7.2007. The application of the petitioner for compassionate appointment has been rejected on 7.2.2011. The petitioner challenged the aforesaid order in Writ A No. 28255 of 2011, which was dismissed by order dated 19.5.2011. The petitioner challenged the aforesaid order in Special Appeal No. 1149 of 2011, which was also dismissed by order dated 20.6.2011. It appears that when Division Bench of this Court in Writ A No. 60881 of 2015 (Vimla Srivastava Vs. State of UP) decided on 4.12.2015 held that a married daughter can also be appointed under dying in harness quota then the petitioner moved a fresh representation dated 10.8.2016 for her compassionate appointment under dying in harness quota. It has been stated that for that purpose a committee has been constituted, who examined the case and found that the case of petitioner was genuine. But no final decision is being taken in this matter till today.
I have considered the arguments of the counsel for the parties.
The fact remains that the claim of the petitioner has already been rejected by the competent authority on 7.2.2011 and that order has been upheld by Division Bench of this Court by order dated 20.6.2011. Thus this Court can not issue any mandamus in respect of compassionate appointment of the petitioner.
The writ petition is dismissed.
Order Date :- 26.2.2018 Rahul /-