JUDGEMENT
V.K.SHUKLA,J.,UMESH CHANDRA SRIVASTAVA,J. -
(1.) Snehalata is before this Court, assailing the validity of the order dated 06.04.2016 passed by learned Single Judge
in Civil Misc. Writ Petition No. 15397 of 2016 (Snehalata
Versus State of U.P. and others) by which the claim of the
appellant/petitioner has been negated on the ground that
being a married daughter of the deceased employee she
does not fall within the definition of the word 'family' under
the U.P. Recruitment of Dependent of Government
Servant Dying -in -harness Rules, 1974 (in short "the Rules
of 1974") and as such her claim cannot sustain.
(2.) It appears from the record that the father of the appellant namely Late Rajpal Singh was working as regular
employee on the post of Head Master in Harnam Prasad
Junior High School, Raghunathpur, Sileta, Post Encholi,
District Sambhal. The father of the petitioner -appellant
had died -in -harness on 06.06.2014 leaving behind his
wife and married daughter namely Snehalata. The
husband of petitioner/appellant is unemployed and
mother of appellant is living with her. The economic
condition of appellant is pitiable and it is not possible to
run the family of unemployed husband and her mother
smoothly. The petitioner -appellant had moved an
application before the respondents concern for giving
compassionate appointment under the Rules of 1974.
(3.) The mother of the petitioner along with other members of the family had also submitted their no objection. Finally
the respondent concern had rejected the claim of the
appellant -petitioner on the ground that being a married
daughter her case did not fall in the category of definition
of 'family under the Rules of 1974. Assailing the said
order, the petitioner -appellant has approached this Court
by means of writ petition in question being Writ Petition
No.15397 of 2016. Learned Single Judge had proceeded
into the matter and vide order dated 06.04.2016 had
dismissed the writ petition with following observations: -
"Heard Sri Surendra Pal Singh, learned counsel for the petitioner, Sri S.C.
Yadav, learned counsel for the respondents no.2 & 4 and Sri Prem Prakash
Yadav, learned Standing Counsel for the respondents no.1, 3 and 5.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.