Court No. - 5
Case :- WRIT - A No. - 50888 of 2017 Petitioner :- Poonam Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Chandan Sharma,Durgesh Pratap Singh 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 mother of the petitioner, namely, Late Smt. Kamla Singh was working as Paricharika in Maharajganj Inter College, Maharajganj, District Maharajganj (hereinafter referred to as the 'College'). She died on 13.11.2014 while working on the said post. The petitioner being married daughter of Late Smt. Kamla Singh, submitted an application on 04.07.2016 before the Management of the College seeking compassionate appointment. Thereafter, again on 27.07.2016 she submitted an application before the respondent nos.3 & 4 seeking compassionate appointment. Thereafter, again on 09.08.2016, she submitted an application before the respondent no.2-District Inspector of Schools, Azamgarh through registered post praying therein for compassionate appointment, but the said application has not been paid any heed. Thereafter, lastly on 04.09.2017, the petitioner personally met the respondent no.2-District Inspector of Schools and submitted an application seeking compassionate appointment, but the said application is still pending for consideration.
It is contended by the learned counsel for the petitioner that though the petitioner was married on the date of death of her mother Late Smt. Kamla Singh, but she being dependent of the deceased employee, is entitled to be considered for grant of compassionate appointment. He submits that this Court in several judgements has held relevant regulations which provides that definition of family has been held to be 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. Thus, he submits that the respondent no.2--District Inspector of Schools, Azamgarh 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 comprehensive representation before the respondent no.2--District Inspector of Schools, Azamgarh, raising all her grievances along with a copy of this order 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 the same, strictly in accordance with law, 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.
Order Date :- 29.9.2021/NS