Rekha Devi vs State of U.P.

B. Amit Sthalekar, J.—Heard Sri Vineet Kumar Singh, learned counsel for the petitioner and Sri K.R. Singh, learned counsel for the respondents.

The petitioner is seeking quashing of the order dated 22.06.2016 whereby her claim for appointment on compassionate ground has been rejected.

A perusal of the impugned order shows that the ground on which the claim of the petitioner has been rejected is that she is the married daughter of late Bandhu Prasad, Government Servant. The question of entitlement of a married daughter has already been settled by the Division Bench of this Court in Writ Petition (C) No.60881 of 2015 Smt. Vimla Srivastava v. State of U.P. and Another along with other connected writ petitions by judgement dated 4.12.2015 wherein the Division Bench has struck down the word ''unmarried'' in Rule 2 (c) (iii) of the Dying-in-Harness Rules, 1974 and has held that the petitioner shall not be excluded from consideration only on the ground of his marital status.

A Division Bench of this Court also in Special Appeal No.268 of 2016, Smt. Uma v. State of U.P. and another has held that exclusion of married daughters from the ambit of the expression "family" in Rule 2(c) of the Dying-In-Harness Rules is illegal and unconstitutional being violative of Article 14 and 15 of the Constitution.

The proposition of law settled by the Division Bench of this Court could not be disputed by the learned Standing Counsel for the respondents.

In this view of the matter the impugned order dated 22.06.2016 cannot survive and is accordingly quashed.

The writ petition is allowed.

The matter is remitted to the respondents to reconsider the matter in the light of the judgment of a Division Bench of this Court in the case of Smt. Vimla Srivastava (supra) and Smt. Uma (supra) holding that the married daughter is also entitled to be considered for appointment on compassionate ground. The respondents shall pass appropriate orders in accordance with law within a period of one month from the date a certified copy of this order is received in his office.