SUDHADEVI Vs. STATE OF U P
LAWS(ALL)-2008-8-256
HIGH COURT OF ALLAHABAD
Decided on August 06,2008

SUDHADEVI Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) RAJESH Kumar, J. Heard learned counsel for the parties.
(2.) WITH the consent of both the parties, present writ petition is being dis posed of at the admission stage. The petitioner is daughter-in-law of the deceased Smt. Sarla Devi who was the Head Mistress at Basic Primary School Mungisapur District Kanpur Rural died in harness on 3rd October, 2003. The petitioner applied for the appointment on compassionate ground, but till date, the petitioner's claim for appointment has not been considered. The petitioner submitted that in the case of Smt. Sanyogita Raiv. State of U. P. and others, 2006 (3) ESC, 1825 (All) and in the case of Smt. Geeta Singh v. State of U. P. and others, 2008 (5) ADJ, 345, it has been held that daughter-in-law falls within the purview of dependent as defined in Rule 2 (c) of the U. P. Recruitment of Dependents of Government Servant Dying in Harness Rules, 1974 and, therefore, eligible for appointment on compassionate ground. Learned Standing Counsel states that the order of the learned Single Judge still exist.
(3.) IN view of the above, writ petition is disposed of with the direction to respon dent No. 3, District Basic Education Officer, Kanpur Rural to consider the case of the petitioner on compassionate ground in the light of the decisions of this Court referred herein above within a period of six weeks from the date of presentation of a certified copy of the order. .;


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