SULOCHANA DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rajesh Kumar Verma, learned counsel for petitioner, learned State Counsel appearing on behalf of opposite parties 1 and 3 and Mr. Rajiv Singh Chauhan, learned counsel for opposite party no.2.

(2.) Petition has been filed against order dated 04.04.2019 whereby petitioner's candidature for compassionate appointment in terms of U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 has been rejected on the ground that petitioner has been indicated in the records as a married lady, which does not come within the definition of family in the aforesaid rules.

(3.) Learned counsel for petitioner submits that aforesaid ground for rejection is totally untenable in view of a Division Bench decision of this Court rendered in Smt. Vimla Srivastava v. State of U.P. and another [Writ - C No.60881 of 2015] in which it has been categorically held that the exclusion of married daughters from the ambit of the expression 'family' is unconstitutional. As such it is submitted that petitioner is entitled to be considered for compassionate appointment in terms of aforesaid Rules of 1974.