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A.F.R.

Court No. - 66

Case :- WRIT - A No. - 10928 of 2020

Petitioner :- Manjul Srivastava

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Ghan Shyam Maurya

Counsel for Respondent :- C.S.C.

Hon'ble J.J. Munir,J.

1.

The petitioner, Manjul Srivastava has impugned an order of

June the 25^th, 2020, passed by the District Basic Education

Officer, Prayagraj, rejecting her claim for compassionate

appointment under The Uttar Pradesh Recruitment of Dependents

of Government Servants Dying in Harness Rules, 1974 (for short,

‘the Rules).

2.

A counter affidavit has been filed on behalf of respondent

nos. 2 and 3, which is taken on record.

3.

Mr. Sharad Chandra Upadhyay, learned State Law Officer,

was granted time to file a short counter affidavit. He has not come

up with any return.

4.

Admit.

5.

Heard forthwith.

6.

Heard Mr. Ghan Shyam Maurya, learned Counsel for the

petitioner, Mr. Arun Kumar, learned Counsel appearing on behalf

of respondent nos.2 and 3 and Mr. Sharad Chandra Upadhyay,

learned State Law Officer appearing on behalf of respondent no.1.

7.

The question, that arises for consideration here, is:

“Whether the judgment of this Court in Smt. Vimla Srivastava vs.

State of U.P. and another¹, striking down the word ‘unmarried’ in

Rule 2(c) (iii) of the Rules, entitles a married daughter to a

consideration of her claim for compassionate appointment without

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an amendment to the Rules made by the State Government,

expressly including ‘married daughter’ in the expression ‘family’,

defined under Rule 2(c)?

8.

The petitioner’s mother, the late Pushpa Srivastava was

inducted as an Assistant Teacher in the services of the Basic

Education Board and appointed at the Primary School, Chaka,

District Prayagraj. She was serving as the Headmistress of the

School, last mentioned, when she passed away on 09.11.2016.

She was a permanent employee and the sole bread winner of the

family, comprising her husband, Vijay Kumar Srivastava, aged

about 63 years and three married daughters: Parul Srivastava,

Manjul Srivastava and Manshi Srivastava, aged about 32 years,

30 years and 28 years, in that order. The petitioner’s mother died

in harness, it is claimed on account of a heart attack.

9.

It is the petitioner’s case that their family have become

financially crippled. They were totally dependent on the deceased

teacher because the petitioner’s father and the deceased’s

husband is an unemployed man. In consequence, the family have

plunged into a sudden economic crisis. The petitioner is also

unemployed. She, therefore, applied for compassionate

appointment on the post of an Assistant Teacher in the Primary

School, where her mother served. The petitioner asserts that she

holds the necessary educational and other qualifications to be

appointed as an Assistant Teacher. The petitioner holds degrees

of Bachelor of Arts and Bachelor of Education. She has also

passed the Uttar Pradesh Teacher Eligibility Test, 2018 for the

Primary Level. The petitioner has placed on record photostat

copies of her certificates and degrees, which the Court has

perused.

10.

It is the petitioner’s further case that she submitted an

application for consideration of her candidature under the Rules

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on 17.07.2019 in the office of the District Basic Education Officer,

Prayagraj. The application is accompanied by all requisite

documents. It is duly certified by the Headmistress, Primary

School, Chaka, Prayagraj. The petitioner’s claim for

compassionate appointment has come to be rejected by an order

dated 25.06.2020 passed by the District Basic Education Officer,

Prayagraj on the sole ground that a married daughter of a

deceased Government servant is not included in the definition of

the family of the deceased under the Rules, as amended by the

9^th Amendment Rules, 2011, carried in the Government Order

no.6/12/73/ काररक-2/ 2011-TC, Lucknow, d