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Allahabad High Court · body

2007 DIGILAW 2595 (ALL)

Shweta Bajpaee v. State of U. P.

2007-10-10

RAKESH TIWARI

body2007
JUDGMENT : Rakesh Tiwari, J. 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 No. 13 to the writ petition. 3. By the aforesaid order, the Director General (Chikitsa a Avam Swasthya Sewai) U.P. at Lucknow has passed an order for deducting 50% of the salary of the petitioner and its payment given to tie minor brother and sister of the petitioner. 4. 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. 5. It is averred in the writ petition that her in laws are pressunsing 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. 6. It is to be noted that the petitioner had been given an appointment on her undertaking that she will look after her minor brother an 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 nor minor brother and sister on the basis of her undertaking but her in law 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 delima. 7. By the impugned order the authority in view of undertaking given by the petitioner at the time of appointment has directed that 50 % of her pay shall be given to her brother and sister for their maintenance. It appears that the father had also given his consent for appointment of the petitioner on this condition that she will lookafter her minor sister and brother on getting the appointment in place of her another on compassionate ground. 8. I do not find any illegality or infirmity in the order. 9. It appears that the father had also given his consent for appointment of the petitioner on this condition that she will lookafter her minor sister and brother on getting the appointment in place of her another on compassionate ground. 8. I do not find any illegality or infirmity in the order. 9. However, in the circumstances the order of the authority is modified suitability in the interest of justice and equity by moulding the relief sought. The writ petition is accordingly disposed of with direction that 50% of the salary of the petitioner shall be deducted till the minor brother is grown up and attains majority. Thereafter the petitioner shall be paid 75% salary and after the marriage of her sister full amount of salary shall be paid. If her sister is married first and her brothers attains majority later in that case also the above formula of increasing the pay by 25% would apply and petitioner shall be paid accordingly. No order as to costs.