SNEHLATA Vs. STATE OF U.P.

JUDGEMENT

(1.) Snehalata is before this Court, assailing the validity of the order dated 06.04.2016 passed by learned Single Judge in Civil Misc. Writ Petition No. 15397 of 2016 (Snehalata Versus State of U.P. and others) by which the claim of the appellant/petitioner has been negated on the ground that being a married daughter of the deceased employee she does not fall within the definition of the word 'family' under the U.P. Recruitment of Dependent of Government Servant Dying -in -harness Rules, 1974 (in short "the Rules of 1974") and as such her claim cannot sustain.

(2.) It appears from the record that the father of the appellant namely Late Rajpal Singh was working as regular employee on the post of Head Master in Harnam Prasad Junior High School, Raghunathpur, Sileta, Post Encholi, District Sambhal. The father of the petitioner -appellant had died -in -harness on 06.06.2014 leaving behind his wife and married daughter namely Snehalata. The husband of petitioner/appellant is unemployed and mother of appellant is living with her. The economic condition of appellant is pitiable and it is not possible to run the family of unemployed husband and her mother smoothly. The petitioner -appellant had moved an application before the respondents concern for giving compassionate appointment under the Rules of 1974.

(3.) The mother of the petitioner along with other members of the family had also submitted their no objection. Finally the respondent concern had rejected the claim of the appellant -petitioner on the ground that being a married daughter her case did not fall in the category of definition of 'family under the Rules of 1974. Assailing the said order, the petitioner -appellant has approached this Court by means of writ petition in question being Writ Petition No.15397 of 2016. Learned Single Judge had proceeded into the matter and vide order dated 06.04.2016 had dismissed the writ petition with following observations: - "Heard Sri Surendra Pal Singh, learned counsel for the petitioner, Sri S.C. Yadav, learned counsel for the respondents no.2 & 4 and Sri Prem Prakash Yadav, learned Standing Counsel for the respondents no.1, 3 and 5.