Court No. - 36

Case :- WRIT - A No. - 5801 of 2021

Petitioner :- Arti Devi

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Ram Suphal Shukla,Lalit Kumar

Gond

Counsel for Respondent :- C.S.C.,Arun Kumar

Hon'ble Mahesh Chandra Tripathi,J.

The petitioner is before this Court for grant for appointment on

compassionate ground. The claim of the petitioner has been

invalidated on the foot that she is a married daughter of the

deceased employee and does not come within the ambit of the

definition of family in the U.P. Dying in Harness Rules, 1974.

Sri Ram Suphal Shukla, learned counsel for the petitioner

submits that the order passed by the authority is in the teeth of

the law laid down by the learned Division Bench of this Court

in the case of Vimla Srivastava Vs. State of U.P and another

2016 (8) ADJ 21 (DB) as well as Neha Shukla Special Appeal

Defective No. 863 of 2015.

Learned Standing Counsel could not dispute the applicability of

the judgment rendered by this Court in the case of Neha

Srivastava (supra) and Vimla Srivastava (supra) to the facts

of this case.

The right of married daughter to seek employment under the

Dying in Harness Rules