HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10480 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of the opposite parties. 2. Petition has been filed challenging order dated 12.08.2025 whereby petitioner's application for compassionate appointment in terms of U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as Rules of 1974) has been rejected on ground that she is married daughter of the deceased and therefore is disentitled for compassionate appointment in terms of definition of 'family' indicated in Rule 2(c) of Rules of 1974. 3. Aforesaid aspect has already been considered by a Division Bench of this Court in Smt. Vimla Srivastava v. State of U.P. & another reported in 2016 (1) ADJ 21(DB). In pursuance of aforesaid judgment, Rules of 1974 were also thereafter amended vide Government Order dated 04.05.2022 thereby including the married daughter within definition of 'family' as defined in Rule 2 of Rules of 1974. The relevant portion of the judgment reads as under:-. "26. In conclusion, we hold that the exclusion of married daughters from the ambit of the expression "family" in Rule 2 (c) of the Dying-in-Harness Rules is illegal and unconstitutional, being violative of Articles 14 and 15 Versus Counsel for Petitioner(s) : Akhand Pratap Singh, Manish Kumar Srivastava Counsel for Respondent(s) : C.S.C. Smt. Pooja .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Panchaytiraj Deptt. Lko. And 2 Others .....Respondent(s) of the Constitution. 27. We, accordingly, strike down the word 'unmarried' in Rule 2 (c) (iii) of the Dying-in-Harness Rules." 4. In view of aforesaid aspects, it is evident that the officer concerned has passed the impugned order without any knowledge of either the decision of this Court or even of Government Order. Such an attitude is deprecated. 5. Considering the fact that impugned order dated 12.08.2025 is evidently against the judgement rendered by a Division Bench of this Court as well as Government order indicated herein above, the same is hereby quashed by issuance of a writ in the nature of Certiorari granting liberty to opposite party no.2 i.e. Zila Panchayatiraj Adhikari, Amethi to pass orders afresh on the application preferred by petitioner for compassionate appointment strictly in accordance with the judgement and order passed by this Court and the Government Order adverted to herein above. 6. Final decision with regard to same shall be taken within a period of eight weeks from the date a certified copy of this order is served upon authority concerned. 7. Consequently, the petition succeeds and is allowed at the admission stage itself. The parties to bear their own costs. September 9, 2025 kvg/- WRIA No. 10480 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench