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2025 DAILYLAW 50168 (ALL)

TASMEEN v. STATE OF U.P. AND 3 OTHERS

WRIA/50497/2017 · 2025-04-03

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:47654 Court No. - 6 Case :- WRIT - A No. - 50497 of 2017 Petitioner :- Tasmeen Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amir Khan,Dinesh Kumar Yadav,Mandeep Singh Counsel for Respondent :- C.S.C.,Rajesh Yadav Hon'ble Saurabh Shyam Shamshery,J. 1. The petitioner's claim for compassionate appointment was rejected by impugned order dated 18.07.2017 that since subsequent to death of her father who died in harness on 01.06.2015, she has filed a petition for divorce as well as she would not fall within the definition of 'family', being not a widow daughter or divorced daughter. 2. The basic assertion in this case is that she be considered for compassionate appointment being a widow daughter, however, the aforesaid referred fact i.e. she has filed divorce petition after death of her father and got divorced on 13.01.2017, are not disputed otherwise also petitioner's father died in harness in the year 2015 i.e. about 10 years ago, therefore, at this stage, the object of compassionate appointment to tide over sudden financial and other crisis does not now exist which is also an adverse factor to the claim of petitioner. 3. Counsel for petitioner is not present, therefore, I have considered the above submission with the assistance of Sri Ashish Kumar Singh Nagvanshi, learned A.C.S.C. for State who have also referred the averments made in counter affidavit. 4. In the aforesaid circumstances, the Court also takes note that daughter ( married or not ) was included in family by way of a judgment passed by this Court Smt. Vimla Srivastava Vs. State of U.P. and another, Writ-C No.60881 of 2015 along with connected matters, subject to issue of dependency, still now after 10 years when object of compassionate appointment does not exist, there is no ground to interfere with impugned order and this writ petition is accordingly, dismissed. 5. A copy of this order be sent to petitioner on given address, who will be at liberty to file recall/review application, if so advised within 8 weeks. 6. Registrar (Compliance) to take steps. Order Date :- 4.4.2025/P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad