Neutral Citation No. - 2025:AHC:38953 Court No. - 7 Case :- WRIT - A No. - 32776 of 2016 Petitioner :- Jyoti Singh Respondent :- State Of U.P. And 2 Ors. Counsel for Petitioner :- Santosh Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The writ petition is filed by the petitioner praying for following reliefs:- "1. issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 4.3.2016 passed by District Inspector of School, Jaunpur (Annexure No.9 to the writ petition); 2. issue a writ, order or direction in the nature of mandamus directing the respondent no.2 to appoint the petitioner on compassionate basis under the relevant Dying in Harness Rules." 3. It is submitted by learned counsel for the petitioner that the father of the petitioner was working on the post of Lecturer/Acting Principal in the institution, who died on 11.5.2012. The institution was governed by Intermediate Education Act. The application for grant of compassionate appointment to the petitioner has been rejected on the ground that the petitioner is the married daughter and her case is not covered under Regulation 103 of the Intermediate Education Act. 4. Learned counsel for the petitioner has relied upon a judgment of this Court passed in the case of Smt. Vimla Srivastava Vs. State of U.P. and another, 2016 (1) ADJ 21 (DB) wherein it has been held 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 Article 14 and 15 of the Constitution. Once a similar provision enacted under the Dying-in-Harness Rules has been held to be unconstitutional, the Government issued an order dated 24.11.2022 amending the Regulation 103 and thereby the right of daughters for consideration on compassionate appointment has been recognized. The daughter would include the married daughters also. 5. Learned Standing Counsel has not disputed the law laid down by this Court in the case of Smt. Vimla Srivastava (supra). However, he submits that the issue with regard to dependency on the deceased is yet to be decided. 6. In view of the law laid down by this Court in the case of Smt. Vimla Srivastava (supra) holding restriction on the right of the married daughters for claiming compassionate appointment as unconstitutional and the subsequent Government Order dated 24.11.2022, this Court is of the view that once there is a declaration against the policy of the State Government restricting the married daughters as unconstitutional by this Court, then there is no impediment to apply the amended Regulation 103 to an event which has occurred prior to the amendment as once the declaration is made, it is applicable to all pending cases. 7. In view of the aforesaid, the order dated 4.3.2016 passed by District Inspector of School, Jaunpur is hereby set aside. The writ petition is allowed and the matter is remanded back to the District Inspector of School, Jaunpur to taking decision afresh treating the petitioner's claim as a married daughter to be within law. Fresh exercise shall be completed by District Inspector of School, Jaunpur within a period of three months from the date of production of a certified copy of this order. Order Date :- 18.3.2025 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad