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Tara Devi v. Zila Basic Shiksha Adhikari Mainpuri - WRIT - A No. 38580 of 2000 [2005] RD-AH 1242 (4 May 2005)


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Court No. 32.

               Writ Petition No.  38580 of 2000.

Tara Devi                                                           Petitioner


Zila Basic Shiksha Adhikari,

Mainpuri                                                          Respondent.



Hon. Vikram Nath, J.

This writ petition has been filed seeking direction to the respondents to consider and provide job to the petitioner on compassionate basis on account of death of her father- in- law.

Heard learned counsel for the parties.

Narendra Kumar, father in law of the petitioner was Head Master in Primary School Bindhoona, (Ghiror) District Mainpuri. He died on 12.01.1998 while still in service. Jagdish Chandra, husband of the petitioner and son of Narendra Kumar had pre deceased him and had died on 02.01.1995.

The petitioner had been dependant upon her father-in-law after death of her husband and therefore sought appointment on compassionate basis on the death of her father- in- law. Counter affidavit has been filed in which it is alleged in paragraph 4 that daughter in law is not covered under the definition of family in service rules and the government order dated 04.09.2000 providing for compassionate appointment and it is only the son, widow, unmarried daughter and husband, or wife who could have been considered for appointment.

It is well settled that the definition of the family given in the service rules is not exhaustive but is only inclusive and, therefore, the stand taken by the respondents is not correct. Learned counsel for the petitioner has referred to a judgment of this Court, in the case of Smt. Urmila Devi vs. U.P.Power Corporation and others, reported in 2003 (4) AWC 3205 , wherein it has been held that the daughter- in- law would be covered within the definition of the word "family" of the deceased as she was dependant on her father -in-law after the death of her husband. In the circumstances the case of the petitioner has been wrongly rejected and needs to be considered for being given compassionate appointment on account of death of her father- in- law. The decision will be taken by the respondent within 3 months from the date of production of certified copy of this order which shall be submitted along with representation.

With the above observations the writ petition is disposed of.

Dated:  04.05.2005.

v.k.updh. (v-85)


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