Court No. - 43
Case :- WRIT - A No. - 6522 of 2019 Petitioner :- Roobi Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Narendra Kumar Pathak,Chandrachud Pandey Counsel for Respondent :- C.S.C.,Akhilesh Kumar Singh
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is permitted to correct description of respondent no.2 in the array of the parties.
Petitioner's father who was employed as Tax Inspector in Nagar Nigam, Allahabad and is stated to have died in harness on 30.11.2017. Petitioner, who is a divorced daughter of deceased employee, has made an application for grant of compassionate appointment, which has remained pending since 22.12.2018. Reliance is placed upon a judgment of this Court in Service Single No.23906 of 2018, decided on 27.8.2018 to submit that divorced daughter would also be included within the definition of 'daughter' and thereby be a member of 'family' under the Dying in Harness Rules, 1974. Submission is that authorities having not acted fairly in keeping petitioner's application for grant of compassionate appointment pending since long.
Learned counsel representing the authorities of Nagar Nigam Allahabad submits that petitioner's application has been received in December, 2018 only and an appropriate decision in the matter shall be taken by the competent authority at the earliest.
In the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon the respondent no.2 to accord consideration to petitioner's claim and appropriate order would be passed, in accordance with law, within a period of two months from the date of presentation of certified copy of this order.
Order Date :- 26.4.2019 Ashok Kr.