Court No. - 34
Case :- WRIT - A No. - 10076 of 2021 Petitioner :- Smt. Nirmala Devi Respondent :- State of U.P. and Another Counsel for Petitioner :- Reeta Rani,Dinesh Kumar Bhaskar Counsel for Respondent :- C.S.C. Hon'ble Yashwant Varma,J. Heard learned counsel for parties.
Sri Abhishek Srivastava learned Standing Counsel appearing for the State respondents fairly concedes that the order impugned would not sustain in light of the decision rendered by a Division Bench of this Court in Vimla Srivastava Vs. State of U.P. and others [2016 (1) ADJ 21].
It becomes relevant to note that the sole ground on which the claim for appointment on compassionate grounds has come to be rejected is that she was the married daughter of the deceased government servant. That reasoning cannot possibly be accepted in light of the principles enunciated by the Division Bench in Vimla Srivastava and the word "married" as occurring in the 1974 Rules being struck down as unconstitutional.
In view of the aforesaid, the writ petition is allowed. The impugned order dated 08 April 2021 is quashed and set aside. The matter shall stand remitted to the second respondent for considering the claim of the petitioner afresh and in light of the observations made hereinabove.
It is further clarified that the order impugned has been set aside solely on the ground that the claim was rejected solely on the basis of the petitioner being the married daughter. Regard must be had to the fact that Vimla Srivastava has clarified that it is still incumbent upon the married daughter to establish a case of financial destitution and dependency on the deceased government servant. Those and other issues have not been decided by the Court and therefore it shall be open for the second respondent to evaluate and decide those issues independently.
Order Date :- 13.8.2021 Vivek Kr.