SWETA BAJPAYEE Vs. STATE OF U P
LAWS(ALL)-2007-10-124
HIGH COURT OF ALLAHABAD
Decided on October 10,2007

SWETA BAJPAYEE Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

Rakesh Tiwari - (1.) -Heard learned counsel for the parties.
(2.) THE petitioner has come up in this petition challenging the validity and correctness of the order dated 20.9.2007, passed by the respondent No. 2 appended as Annexure-13 to the writ petition. By the aforesaid order, the Director General (Chikitsa Avam Swasthya Sewain) U. P. at Lucknow has passed an order for deducting 50% of the salary of the petitioner and its payment given to the minor brother and sister of the petitioner. The aforesaid order has been passed in the back ground that the mother of the petitioner, who was an employee in the Health Department died in harness in an accident. The petitioner applied for compassionate appointment in her place and also gave an affidavit at the time of appointment that she look after her minor brother and sister. It appears that the petitioner was thereafter married.
(3.) IT is averred in the writ petition that her in-laws are pressurising her not to look after minor brother and sister as her father has received compensation under the M.V. Act and has much property of his own. It is to be noted that the petitioner had been given an appointment on her undertaking that she will look after her minor brother and sister. However, after marriage she disowned their liability on the ground that she is in a dilemma as her father is wanting her to maintain her minor brother and sister on the basis of her undertaking but her in-laws do not want her to help as according to them her father is quite affluent to look after his son and daughter who are minor. Thus, on one hand she is harassed by father and on other hand is pressurised by her in-laws, hence the dilemma.;


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