Dilip Gupta, J. - (1.) THE claim of the Petitioner for compassionate appointment has been rejected by the order dated 18th July, 2011 passed by the District Basic Education Officer, Ghazipur on the ground that a daughter -in -law is not entitled for compassionate appointment.
(2.) IT is submitted by Sri M.A. Ausaf, learned Counsel for the Petitioner that in view of the decision of this Court in Zila Panchayat, Kaushambi and Anr. v. Lalti Devi and Anr. : 2008 (1) AWC 1035 a daughter -in -law is also entitled to compassionate appointment. Learned Standing Counsel appears for Respondent No. 1. Sri K.S. Kushwaha appears for Respondent Nos. 2 and 3. Learned Counsel for the Respondents state that since only a legal issue is involved, it may not be necessary to file a counter affidavit and the petition may be decided at this stage.
(3.) THE Division Bench of this Court in Zila Panchayat, Kaushambi (supra) observed as follows: In this view of the matter, the daughter -in -law, who becomes a member of the family of her husband, in our view, is included in the definition of 'family' of father -in -law and after his death, in the absence of any other legal heir, she is entitled to claim compassionate appointment provided all other conditions as required in law for such recruitment are fulfilled. We make it clear that the aforesaid right of daughter -in -law would not be available, if she has remarried or repatriated to her parents place and in such case the position would be different....;