Neutral Citation No. - 2025:AHC-LKO:45970 Court No. - 8 Case :- WRIT - A No. - 8849 of 2025 Petitioner :- Pushpa Singh Respondent :- State Of U.P. Thru. Secy. Forest Deptt. Lko. And Another Counsel for Petitioner :- Tushar Bhushan Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel for opposite parties. 2. Petition has been filed challenging order dated 26.04.2023 whereby petitioner's application for compassionate appointment in terms of Uttar Pradesh Recruitment of Dependents of Government Servant Dying in Harness Rules 1974 has been rejected. 3. It has been submitted that impugned order has been passed without considering the amended Rules of 2021 to the Rules of 1974 whereby daughter, including adopted daughter have been included in the definition of Family in terms of Rule 2 (c) of the aforesaid Rules of 1974. It is further submitted that the aforesaid aspect had already been considered by Division Bench of this Court in the case of Smt.Vimla Srivastava versus State of U.P. & Another; Writ C No.60881 of 2015 whereby exclusion of married daughter from the definition of family for purposes of grant of compassionate appointment has been held to be unconstitutional. 4. Learned State counsel has not indicated any aspect whereby the Division Bench judgment would not be applicable upon petitioner. 5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material available on record, particularly the impugned order, it is evident that application has been submitted by petitioner in terms of the Rules of 1974 as amended by the Amendment Rules of 2021 but her application has been rejected in terms of some Government Order dated 04.05.2022 indicating that married daughters are not included as in terms of family. 6. The impugned order does not at all advert to Rules of 1974 as amended in the year 2021 and has rejected petitioner's application only on the placing reliance on the Government Order dated 04.10.2022. There is no whisper as to why the Rules of 1974 which would have preference over any Government Order, has not been considered. 7. The aspect of married daughter coming within definition of family of a deceased Government Employee who passing away in service has already been adjudicated upon in the case of Smt.Vimla Srivastava (supra) whereby exclusion of married daughter from definition of family has been held to be unconstitutional. 8. In view of aforesaid facts and circumstances, the impugned order dated 26.04.2023 being evidently against provisions not only of the Rules of 1974 as amended in the year 2021 but also being against dictum of this Court, is hereby quashed by issuance of writ in the nature of certiorari. The opposite party no.2 i.e. The Deputy Director, Dudhwa Tiger Reserve, Pallia Kalan, Lakhimpur Kheri is directed to keep in mind the aspect of judgment of this Court in the case of Smt.Vimla Srivastava (supra) as well as the amended Rules of 1974 in mind whenever the aspect of compassionate appointment is being decided by him in future. 9. Further writ in the nature of mandamus is issued commanding the opposite party no.2 i.e. The Deputy Director, Dudhwa Tiger Reserve, Pallia Kalan, Lakhimpur Kheri to reconsider petitioner's application for compassionate appointment in case she is otherwise eligible. 10. Such decision shall be taken within a period of four weeks from the date a certified copy of this order is produced before the said authority. 11. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs. Order Date :- 7.8.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench