BABY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Arun K. Singh Deshwal, learned counsel for the respondents no. 2 and 3.

(2.) This petition has been filed by the petitioner challenging the Order dtd. 12/3/2021 received alongwith covering letter dtd. 17/8/2021 passed by the Respondent No.2 and praying for a Mandamus to be issued to the respondent No. 2 and 3 to appoint the petitioner on compassionate ground within a stipulated time period.

(3.) It is the case of the petitioner that the mother of the petitioner Smt. Shakuntala Devi was working as a Sweeper with the Respondent No.2 and 3 and she died in harness on 14/1/2006 leaving behind her husband, who expired on 28/5/2015 and her three daughters, Smt. Baby i.e. the petitioner, Smt Neelam W/o Moolchand and Smt. Sunita W/o Pradeep, who also died on 22/1/2010. After the death of Smt. Shakuntala her brother's son Sri Anil Kumar produced a bogus Adoption Deed dtd. 18/11/1996 and tried to get compassionate appointment on the basis of such Adoption Deed. The petitioner challenged the said Adoption Deed by filing Original Suit No. 352 of 2012, which was allowed on 20/3/2014, by declaring the Adoption Deed as void. The order passed by the trial court was not challenged in any Appeal and it attained finality. After judgement and decree dtd. 20/3/2014, the petitioner moved an application on 5/6/2014 before the Senior Regional Manager on PCF, Agra for appointment on compassionate ground, such application was forwarded to the Respondent No.4. Although in the application made by the petitioner, she had clearly stated that she was living with her mother as her husband had deserted her and she had one son and one daughter to take care of, her application was rejected on 20/10/2015 on the ground that she is a married daughter and married daughter does not come within the list of dependents/family members as per the 1975 Regulations governing Cooperative Societies.