Court No. - 5
Case :- WRIT - A No. - 8484 of 2021 Petitioner :- Mohini Respondent :- District Magistrate And Another Counsel for Petitioner :- Atul Kumar Srivastava,Shrikant Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State.
The father of the petitioner, namely, Late Rakesh Singh alias Rakesh Kumar Saini was working as Assistant Development Officer (Panchayat) in Vikas Khand, Syohara, District Bijnor. He died on 15.07.2020 while working on the said post. The petitioner being married daughter of Late Rakesh Singh alias Rakesh Kumar Saini, sent an application on 07.11.2020 through registered post to the respondent no.2-District Panchayat Raj Officer, Bijnor, seeking compassionate appointment in the department under Dying-in-Harness Rules,1974.. Thereafter, again on 09.11.2020 she submitted an application before the respondent no.1-District Magistrate, Bijnor seeking compassionate appointment. The petitioner is having disability of 40% and a certificate in this regard has also been issued by the C.M.O., Bijnor, copy of which is annexed as Annexure-9 to the writ petition.
It is submitted by the learned counsel for the petitioner that this Court in the case of Writ-A No.10928 of 2020 (Manjul Srivastava Vs. State of U.P. and others) relying upon various judgements of this Court has held that the exclusion of the married daughter in the definition of 'family' under Dying-in- Harness Rules is discriminatory and this Court clarified that married daughter of the deceased is also included in the definition of family of the deceased in the same manner as a married son. Accordingly, this Court has held that the married daughter shall also be treated to be included in definition of family and is entitled for compassionate appointment under Dying-in-Harness Rules, 1974. Thus, he submits that the respondent no.2-District Panchayat Raj Officer, District Bijnor is under obligation to consider the claim of the petitioner for compassionate appointment.
Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction be issued to respondent no.2 to consider the grievance of the petitioner.
Considering the facts and circumstances of the case, without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with a direction to the petitioner to file a fresh representation before the respondent no.2-District Panchayat Raj Officer, District Bijnor, along with a copy of this order downloaded from the official website of High Court, Allahabad, raising all her grievances within a period of two weeks from today. In case any such representation is filed by the petitioner, the respondent no.2, shall consider and decide the same after giving due notice and opportunity of hearing to all the concerned, by a reasoned and speaking order, preferably within a period of two months thereafter.
The writ petition is disposed of subject to the observations made above.
In view of the fact that due to the pandemic of COVID-19, the certified copy is not being issued by the High Court, therefore, the order downloaded from the website duly certified by learned counsel for the petitioner may be treated as true copy of the order and the Authority may not refuse to comply the order on the ground of non filing of certified copy of the order.
Order Date :- 27.7.2021 NS