Court No. - 34
Case :- WRIT - A No. - 8411 of 2021 Petitioner :- Roshini Respondent :- State Of U.P And Others Counsel for Petitioner :- Priyanka Sharma,Avnish Kumar Srivastava
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Sri Birendra Pratap Singh learned Standing Counsel for the State respondents.
By the order of 04 November 2020 the respondents have proceeded to reject the claim made by the petitioner for grant of compassionate appointment. That order is based solely on the fact that the petitioner being a married daughter was not eligible under the 1974 Rules. The view so taken cannot possibly be sustained in light of the decision rendered by a Division Bench of the Court in Smt. Vimla Srivastava v. State of U.P. and Another [2016(1) ADJ 21].
In view of the aforesaid, learned Standing Counsel submitted that the ends of justice would merit the impugned order being set aside and the respondents being commanded to consider the claim of compassionate appointment afresh.
Accordingly, the writ petition is allowed. The impugned order of 04 November 2020 is hereby quashed. The matter shall stand relegated to the Assistant Labour Commissioner Agra for considering the claim of the petitioner afresh. A reasoned decision in respect of the claim shall be communicated within a period of two months from the date of presentation of a duly authenticated copy of this order.
Though needless to state, it is clarified that this Court has interfered with the impugned order only on the ground of the claim for compassionate appointment having been rejected on the ground that the petitioner was the married daughter. It shall consequently be open to the respondent to independently evaluate the claim for compassionate appointment afresh and assess the same against all other relevant considerations.
Order Date :- 28.7.2021 faraz Digitally signed by Justice Yashwant Varma Date: 2021.07.29 16:31:31 IST Reason: Document Owner Location: High Court of Judicature at Allahabad