Court No. - 58
Case :- WRIT - A No. - 23109 of 2018 Petitioner :- Sitara Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dinesh Chandra Mishra,Pragati Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
The issue, as to whether a married daughter would be covered under the definition of "family" for grant of compassionate appointment, is already engaging attention of the Apex Court after the Division Bench of this Court in Smt. Vimla Srivastava Vs. State of U.P. and Others (Writ A No. 60881 of 2015), vide judgment dated 04.12.2015, had declared the definition of "family" in rule 2(c) of the Rules of 1974 to be ultra virus, to the extent it excluded a married daughter from the definition. The Special Leave Petition has been entertained and an interim order is stated to be operative.
This petition is, therefore, adjourned cine die. Liberty stands reserved to the petitioner to move an application after the issue is resolved by the Apex Court.
Order Date :- 29.10.2018 Amit Mishra