SPA No.176/16

Hon’ble Rajiv Sharma, ACJ.

Hon’ble Manoj Kr. Tiwari, J.

Mr. Pankaj Miglani, Advocate vice Mr.

Niranjan Bhatt, Advocate, for the appellant.

Mr. BPS Mer, S.C., for the State.

This appeal is instituted against the

judgment dated 19.5.2016 rendered by a

learned Single Judge of this Court in WPSS

No.994 of 2016.

Key

facts,

necessary

for

the

adjudication

of

this

appeal,

are

that

deceased

Siya

Ram

Chamoli

died

on

12.12.2015. Appellant, being the daughter,

moved an application seeking compassionate

appointment under the ‘Dying-in-Harness’

Rules. However, the application moved by

the appellant was rejected on the ground

that she is the married daughter.

Appellant

has

relied

upon

the

judgment rendered by the Allahabad High

Court in Writ Petition No.60881 of 2015

(Smt. Vimla Srivastava v. State of U.P.),

whereby the Court directed to delete the

word ‘married’ before the word ‘daughter’ for

moving an application under the ‘Dying-in-

Harness’ Rules.

The present lis is squarely covered by

the judgment, cited hereinabove. Appellant

was

entitled

to

be

considered

for

‘compassionate

appointment’

being

the

married daughter