SMT SUSHILA DEVI v. STATE OF U.P THRU SECY BASIC EDU LKO and ANR
WRIA/4417/2017 · 2025-07-11
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 145752 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 145752 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:39658 Court No. - 5 Case :- WRIT - A No. - 4417 of 2017 Petitioner :- Smt Sushila Devi Respondent :- State Of U.P Thru Secy Basic Edu Lko And Anr Counsel for Petitioner :- Surendra Singh Counsel for Respondent :- C.S.C,Shivam Sharma Hon'ble Abdul Moin,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents-State No.1 and Shri Shivam Sharma, learned counsel appearing for respondent No.2. 2. Instant writ petition has filed praying for mandamus commanding the respondents to consider the claim of the petitioner for compassionate appointment. 3. Contention of the learned counsel for the petitioner is that her father was working as Peon under respondent No.2 and he died in harness on 25.05.2014. 4. The petitioner has applied for compassionate appointment in the capacity of being the married daughter of the deceased employee but claim of the petitioner has not been considered and hence the instant petition. 5. The contention is that the question as to whether a married daughter of the deceased employee would be eligible for compassionate appointment has been considered by this Court in a bunch of writ petitions leading being Writ C No.60881 of 2015: Smt Vimla Srivastava vs State of U.P. & Anr, decided on 04.12.2015 wherein the Division Bench has held that the married daughter would also fall within the ambit of being dependant of the deceased employee. 6. Considering the aforesaid writ petition is disposed of with a direction to respondent No.2 to consider the claim of the petitioner for
being appointed on compassionate ground as per rules. 7. For the said purpose, let an application be filed before respondent No.2 by the petitioner indicating all the facts within a period of 2 weeks. On filing the said application, the respondent No.2 shall consider the said application in accordance with law under relevant rules. 8. Let a decision in this regard be taken within a period of 6 weeks from the date of receipt of the said application along with a certified copy of this order. 9. It is made clear that the Court has not gone into merits of the claim of the petitioner pertaining to she being eligible for compassionate appointment inasmuch the writ petition is only being disposed of on the ground that married daughter would also be eligible for compassionate appointment.
Order Date :- 11.7.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench