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2025 DAILYLAW 143891 (ALL)

REETA DEVI v. STATE OF U.P. THRU. ADDL CHIEF SECY. DEPTT. OF BASIC EDU. LKO. AND 2 OTHERS

WRIA/6599/2025 · 2025-07-16

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40576 Court No. - 5 Case :- WRIT - A No. - 6599 of 2025 Petitioner :- Reeta Devi Respondent :- State Of U.P. Thru. Addl Chief Secy. Deptt. Of Basic Edu. Lko. And 2 Others Counsel for Petitioner :- Pankaj Kumar Mishra Counsel for Respondent :- C.S.C.,Ravi Prakash Yadav Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel appearing for the respondents no.1 and 2, and Sri Ravi Prakash Yadav, learned counsel for respondent no.3. 2. With the consent of learned counsels for the parties, the writ petition is being decided finally. 3. Under challenge is the order dated 09.04.2025, a copy of which is Annexure-1 to the writ petition, passed by respondent no.3 whereby the claim of the petitioner, a married daughter, for compassionate appointment has been rejected on the ground that she does not fall within the ambit of being dependent so as to stake her claim for being considered. 4. As to whether the married daughter would fall within the ambit of dependent has been considered by the Division Bench of this Court in the case of Smt. Vimla Srivastava vs. State of U.P. and another in Writ-A No.60881 of 2015, wherein the Division Bench of this Court has held a married daughter to be entitled for compassionate appointment. 5. Even otherwise, it has been pointed out that the rules have been amended so as to entail the married daughter to be appointed on compassionate ground. 6. Accordingly, keeping in view the Division Bench judgment of this Court in the case of Smt. Vimla Srivastava (supra), it is apparent that the impugned order dated 09.04.2025 is legally not sustainable in the eyes of law and consequently the writ petition is allowed and the impugned order dated 09.04.2025, a copy of which is Annexure-1 to the petition, is quashed. 7. The respondents are directed to reconsider the claim of the petitioner for compassionate appointment in view of the Division Bench judgment of this Court in the case of Smt. Vimla Srivastava (supra) as well as amended rules within a period of four weeks from the date of receipt of a certified copy of this order. Order Date :- 16.7.2025 A. Katiyar Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench