BABITA THAKUR Vs. STATE OF U P

JUDGEMENT

(1.) By means of this writ petition, the petitioner who is divorced daughter is claiming compassionate appointment. The petitioner's father was a government employee and was holding the post of "Boat Chalak" as class IV employee in the Revenue Department in Tehsil Bijnor. While in service unfortunately he died on 26.12.2013. It is to be noted that the petitioner was married much prior to the death of the Raghuveer Singh, i.e., on 7.7.2000. After the death of Raghuveer Singh, the petitioner and her husband Sandeep Kumar filed a suit for divorce under section 13-B? of the Hindu Marriage Act for divorce upon mutual consent and divorce was granted on 13.2.2016 by the Principal Judge, Family Court, Bijnor (Annexure-4 to the writ petition).

(2.) It is now submitted that a divorced daughter should be treated at par with widowed daughter which is included in the definition of a dependents under U.P.Recruitment of Dependents of Government Servants Dying-in-Harness Rules,1974 although in the rules married and divorced daughter are not included within the definition of dependents.

(3.) Learned counsel for the petitioner has relied upon a decision of this Court in the case of Roobi Mansoori Vs. State of U.P. and 4 others (Writ Petition No.48375 of 2015 vide judgment and order dated 18.11.2015 wherein this Court has issued a direction to Principal Secretary Law/Legal Remembrancer, U.P. Shashan,Lucknow (U.P.) to take necessary steps with the consultation of the State Government in accordance with law with regard to the inclusion of the divorced daughter to be taken at par with the widowed daughter under the Rules of 1974.