ANKITA SRIVASTAVA Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner Smt. Ankita Srivastava wife of Late Prateek Kumar Srivastava presently posted as Junior clerk in the office of Up Sambhagiya Krishi Prasar Adhikari, Sadar, District Ballia has approached this Court to issue a writ in the nature of mandamus directing the respondents to permit the petitioner for re-marriage without effecting the services of the petitioner. Brief background of the case is that father-in-law of the petitioner namely late Buddhi Sagar Lal Srivastava was working in the office of Up Sambhagiya, Krishi Prasar Adhikari, Sadar, District Ballia, and he died in harness leaving behind his wife namely Smt. Usha Devi, one son Prateek Kumar Srivastava (husband of the petitioner) and two unmarried daughters namely Km. Pratima Srivastva and Km. Kavita Srivastava. After death of father of the petitioner, husband of the petitioner Prateek Kumar Srivastava was offered appointment as Junior Clerk on compassionate basis vide order dated 14.9.2001. While Prateek Kumar Srivastava has been performing his duty, petitioner was married to him as per Hindu Vedic Rites on 18.5.20085. As the luck of the petitioner would have been, her husband died in harness on 24.5.2006, leaving behind, his widowed mother namely Smt. Usha Devi, wife Ankita Srivastava (Petitioner) and two unmarried sister Km. Pratima Srivastava and Km. Kavita Srivastava. Petitioner had claimed compassionate appointment and as orders were not being passed, she filed Civil Misc. Writ Petition No. 68064 of 2007 and this Court on 14.2.2007 directed the authority concerned to take decision on the same. Pursuant thereto petitioner has been offered appointment on compassionate basis vide appointment letter dated 11.5.2007 and has been performing her duty. It appears that at the point of time when appointment had been offered to her, petitioner has been asked to file her notarial affidavit to the effect that after death of her husband, neither she has married nor she has any intention to remarry in future. Petitioner continues to perform her duty and her submission is that sister-in-law of petitioner namely Pratima Srivastava has already been married in the year 2009 and other sister-in-law namely Kavita Srivastava has died on 20.10.2008. Petitioner has stated that only one member to be looked after by her is her mother-in-law and her mother-in-law is getting family pension and she owns ancestral property/land, and if any help either monetary or physical is required to her, the petitioner is always ready for that. Petitioner submits that at this stage of life when she is 31 years of age, father of petitioner has searched suitable bride groom to her and petitioner is ready to re-marry with him, but as petitioner has filed affidavit on 30.7.2007 that petitioner would not to remarry, the said affidavit would be used against her, and accordingly petitioner is before this Court.

(2.) Sri Brajesh Pratap Singh, learned counsel for the petitioner contended with vehemence that under Dying in Harness (Recruitment of Government Servant) Rules, 1974, as amended from time to time, as per Rule 5, one member of the family is entitled to be offered appointment. Rule-5 of Dying in Harness Rules, 1974 and here petitioner has been offered appointment, and as she ha been asked to file affidavit, that she would not marry, the said affidavit is being used to prevent the petitioner, from re-marrying, and accordingly, petitioner be accorded permission to marry, an as such writ petition deserves to be allowed.

(3.) Countering the said submission, learned Standing Counsel contended that once petitioner remarries, the object of compassionate appointment shall stand frustrated, and accordingly writ petition be dismissed.