JUDGMENT :

1. Heard Sri Arvind Srivastava, learned counsel for the appellant-petitioner and Sri Girish Vishwakarma, learned standing counsel for the State-respondents.

2. This special appeal has been filed praying to set aside the judgment and order dated 29.11.2021 in Writ-C No.21935 of 2021 (Smt. Kusumlata vs. State of U.P. and 2 others) passed by the learned Single Judge.

3. The aforesaid writ petition was filed by the petitioner praying for the following relief :

“(i) Issue a writ, order or direction in the nature of Mandamus commanding the respondent no. 2 S.D.M. Bharthana District Etawah to consider the claim of the petitioner for compassionate appointment of under the U.P. Essential Commodities Act (Rules and Distribution Order, 2016).

(ii) Issue a writ, order or direction in nature of Mandamus directing the respondent no.2 to appoint the petitioner as dealer in place of her father at Newadi Khurd, Nyay Panchayat-Aheripur, Block-Maheva, Pargana- Bharthana, District Etawah under the dying in harness rule prescribed under U.P. Essential Commodities Act (Rules and Distribution