Radhika Baghel vs State of U. P. - 2023 Supreme(All) 1752

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1752

AJIT KUMAR
Radhika Baghel – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Ramesh Chandra Dwivedi.

JUDGMENT :

1. Counter affidavit filed today is taken on record.

2. Learned counsel for the petitioner Sri R.C. Dwivedi submits that he does not want to file rejoinder affidavit.

3. Heard learned counsel for the respective parties.

4. The legal issue that emerges out for consideration relates to the claim of a married daughter for compassionate appointment on the ground that she and her husband were dependents of the deceased father who died in harness while working as Daftari (Class-IV employee) in a recognized aided Institution.

5. The claim of the petitioner when was not being considered by the District Inspector of Schools, she came to file a writ petition being Writ -A No. 37939 of 2014 which was disposed of on 30.07.2014 with a direction to the District Inspector of Schools to take a decision in the matter. The District Inspector of Schools passed order on 05.11.2014 rejecting the claim of the petitioner on the ground that as per regulation 103 of Chapter III of Intermediate Education Act, 1921 a married daughter could not come within the definition of 'family' of dependents. Petitioner again came to this Court vide Writ -A No. 4553 of 2015 which was disposed of with a direction da

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