Court No. - 5
Case :- WRIT - A No. - 14036 of 2019 Petitioner :- Smt.Upasna Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kumar Tiwari 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. Rani Devi was working as Aadesh Wahak/Peon in the Office of Tehsildar. She died on 16.01.2019 while working on the said post. Petitioner being sole married daughter of Late Smt. Rani Devi submitted an application on 15.02.2019 before the Collector Hathras seeking compassionate appointment.
It is submitted by the learned counsel for the petitioner that this Court in the case of Writ-A No.10928 of 2020 (Manjul Srivastava Vs. State of U.P. and others) relying upon various judgements of this Court has held that the exclusion of the married daughter in the definition of 'family' under Dying-in- Harness Rules is 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. Accordingly, this Court has held that the married daughter shall also be treated to be included in definition of family and is entitled for compassionate appointment under Dying-in-Harness Rules, 1974. Thus, he submits that the respondent no.2- Collector Hathras, District Hathras 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 representation before the respondent no.2, Collector Hathras, District Hathras 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 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 :- 28.9.2021 Mohit