Court No. - 5
Case :- WRIT - A No. - 27955 of 2018 Petitioner :- Pinki Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prabhakar Sinha Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State- respondents.
With the consent of the learned counsel for the parties, this writ petition is being disposed of finally at this stage.
The father of the petitioner, who was working as Chaukidar in the office of Executive Engineer (E/M)Division, Public Works Department, Moradabad, unfortunately died on 29.11.2017. The petitioner being married daughter of late Virendra Pal Singh (deceased employee) submitted an application dated 3.7.2018 for consideration for appointment on compassionate ground under the U.P.Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974 (in short the Rules). Her application has been rejected vide order dated 19.7.2018 passed by respondent no.3 on the ground that the 'family' as defined under the Dying-in-Harness Rules does not include the married daughter. Accordingly, the petitioner is not entitled to consideration for appointment under the said Rules.
Challenging the aforesaid order, learned counsel for the petitioner contended that the order impugned is not sustainable in the eye of law in view of Division Bench judgment of this Court in the case of Smt. Vimla Srivastava Vs.State of U.P. and another(Writ C N.60881 of 2015).
Learned Standing Counsel though tried to defend the orders impugned in the writ petition but fairly concedes that the controversy involved in this writ petition is squarely covered by a decision in the case of Smt. Vimla Srivastava (supra) and, therefore, the impugned orders cannot be sustained in view of the judgement of Smt. Vimla Srivastava (supra).
In view of the submissions advanced by the learned Standing Counsel and considering the fact that the controversy is squarely covered by a judgment of this Court in the case of Smt. Vimla Srivastava(supra), the impugned order dated 19.7.2018 impugned in the writ petition is not sustainable in the eye of law and is hereby quashed.
Accordingly, this writ petition is disposed with the liberty to the respondent no.3-Executive Engineer (E/M) Division, Public Works Department, Moradabad to decide the claim of the petitioner for compassionate appointment afresh in the light of the judgment of Smt. Vimla Srivastava (supra) within a period of three months from the date a copy of this order is presented before it.
Order Date :- 19.8.2021 SKM