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2016 Supreme(All) 1524

ARUN TANDON, SUNITA AGARWAL
MUDITA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Prabhakar Dubey and R.L. Mishra for the Appellant; C.S.C. and Ashok Kumar Singh for the Respondents.

JUDGMENT

By the Court.—Heard learned counsel for the parties and perused the record.

2. This special appeal is directed against the judgment and order dated 10.9.2015 passed in Writ petition No. 49766 of 2015 (Mudita v. State of U.P. and another).

3. The appellant seeks appointment on compassionate ground as her mother namely Late Smt. Krishna Pandey who was a Principal of a Primary School died in harness.

4. It is contended by the appellant that she is married and was living with her mother and was financially dependent upon her mother as her husband is unemployed. Apart from the support of her mother, there was no other source of livelihood of the appellant. The request of the appellant was rejected vide order dated 27.7.2015. This order was challenged in the writ petition which was dismissed by holding that the married daughter cannot claim compassionate appointment. Her claim cannot be equated with the right of a woman in ancestral property hence this appeal.

5. The contention of learned counsel for the appellant is that the Writ Court has adopted a technical approach and failed to consider that the appellant was fully dependent upon her deceased mother. She was left with no mea

























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