KM. RUBY MAUSOOF Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner's father was a constable in Civil office and was posted in District Ghazipur, He died in harness on 28.8.1999. The petitioner made an application for her appointment on compassionate ground. When no decision was taken on the application of petitioner, she preferred Writ Petition No. 29661 of 2015 for a direction upon the respondents to appoint her on compassionate ground. The said writ petition was disposed of on 21.5.2015 by issuing a direction upon the third respondent therein to consider the cause of the petitioner.

(2.) In compliance thereof, the respondent no.3 has rejected the claim of the petitioner by the impugned order dated 4.10.2015 solely on the ground that the petitioner is a married daughter of late Sri Mausoof Alam therefore, she canot be given such appointment. No other ground is mentioned in the impugned order.

(3.) It is contended on behalf of the petitioner that the view taken by the third respondent is contrary to the laid down by this Court in case of Smt. Vimla Srivastava v. State of U.P. and another, 2016(1) ADJ 21 (DB). The Division Bench has considered the constitutional validity of the word "unmarried" doming under definition of the family. The Court has declared the word "unmarried" Rule 2(C)(iii) of the Rules 1974 as ultra vires and unconstitutional. Consequently, the word "unmarried" has been struck down from the definition of the 'family'.