SMT. MONIKA Vs. STATE OF U.P.

JUDGEMENT

(1.) The special appeal has arisen from a judgment dated 19 January 2016.

(2.) The appellant is the daughter of the late Vimla Sharma, who was working as ANM in the Primary Health Centre at Udi in Etawah. She died while in service on 16 February 2011. The appellant applied for compassionate appointment. The brother of the appellant had pre-deceased his mother on 3 October 2008. His widow also applied for compassionate appointment on 15 April 2013. The Chief Medical Officer addressed communications both to the appellant and the widow of the appellant's deceased brother. Eventually, by an order dated 4 December 2015, the claim of the appellant was rejected? by the Superintendent, Primary Health Centre on the ground that there were two claims for compassionate appointment - one by the appellant and the other by the widow of the appellant's deceased brother. That is the sole ground on which the claim of the appellant for compassionate appointment was rejected. The appellant filed a writ petition seeking compassionate appointment and for challenging the order of the Superintendent of the Primary Health Centre. The learned Single Judge dismissed the writ petition with the following observations:

(3.) At the outset, we must make it clear that we disapprove of the basic approach as is revealed in the impugned observations of the learned Single Judge. The learned Single Judge has proceeded on the basis that since the father of the appellant is alive, the appellant shall be deemed to be the dependant of her father and that it is the father who has to provide for his daughter.?