Satyabhama v. State of U. P. Thru Secy. Home U. P. Civil Sectt. Lucknow
2016-01-04
RAJAN ROY
body2016
DigiLaw.ai
JUDGMENT Rajan Roy, J. Heard learned counsel for the parties. 2. The claim of the petitioner for compassionate appointment of the sole married daughter of deceased Awadhesh Kumar Singh who died in harness was rejected vide order dated 31.12.2012 on the ground that she being a married daughter is not covered under the definition of family. 3. The legal position in this regard has been clarified vide judgment and order dated 04.12.2015 passed in Writ-C No. 60881 of 2015 (Smt. Vimla Srivastava vs State of U.P. and another) and other connected writ petitions. The clarification of law has not been made applicable prospectively, therefore, it applies retrospectively. 4. In view of the above, let the competent authority re-consider the case of the petitioner keeping in mind the judgment and order dated 04.12.2015 which entitles married daughter for compassionate appointment if other parameters as laid down in the U.P. Recruitment of Dependents of Government Servant (Dying in Harness) Rules, 1974 are satisfied. This exercise shall be done within a period of three months from the date of receipt of a certified copy of this order if there is no other legal impediment. If there is any rival claim, the same shall also be considered by the competent authority. With the aforesaid observations, the writ petition is disposed of.