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Rajenswar Devi v. State Of U.P. And Others - WRIT - A No. 50540 of 2006 [2006] RD-AH 15963 (13 September 2006)


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Court No. 38

Civil Misc. Writ Petition No. 50540 of 2006

Rajeshwari Devi


State of U.P. and others

Hon'ble V.K.Shukla,J

petitioner was appointed as Aanganbari Karyakatri by virtue of being dependent of freedom fighter based on the certificate dated 14.07.1994. Petitioner's appointment has been cancelled on the pretext that petitioner is married grand daughter of freedom fighter as such she does not fall within the definition of family and as such she could not be appointed. At this juncture present writ petition is dismissed.

Learned counsel for the petitioner contended with vehemence that definition of family has been changed and even married grand daughter is included in the definition of dependent of freedom fighter as such ground on which appointment of the petitioner has been cancelled could not be made foundation and basis for non-suiting the claim of the petitioner, as such writ petition is liable to be allowed.

Learned Standing Counsel on the other hand contended that grand daughter does not fall within the purview of dependent of freedom fighter as such there is no infirmity in the decision which has been taken and once this is undisputed position is that petitioner is married grand daughter then opportunity will not improve the case.

At this stage the U.P. Public Service (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act 1993 is being looked into. Relevant extract of the aforesaid Act which deals with definition of dependent is being quoted below.

2. Definition- In this Act-


(b) "dependent" with reference to a freedom fighter means-

(i) Son and daughter (married or unmarried)

(ii) Grandson (son of a son) and unmarried grand daughter (daughter of a son)

of the freedom-fighter.

(c) ........................"

Bare perusal of definition of the family would go to show that married grand daughter is not at all inclusive in the definition of the Family. Certificate which was issued in favour of the petitioner was of the time when petitioner was unmarried and once petitioner has married then in that event she ceases to be dependent  of freedom fighter as per 1993 Act, as such no relief can be accorded to her.

Consequently present writ petition is dismissed.





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