Court No. - 18 Case :- WRIT - A No. - 37904 of 2010 Petitioner :- Poonam Dwivedi Respondent :- District Basic Shiksha Adhikari, Kanpur Dehat And Others Petitioner Counsel :- Neeraj Agrawal Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
Heard learned counsel for the petitioner and learned Standing Counsel
for the State-respondents.
Petitioner before this Court is daughter-in-law of the deceased
employee, namely, Kripa Nath Dwivedi, who was employed as head-
master at Prathmik pathshala, Indupur, Derapur, Kanpur Dehat and
expired during harness on 14th March, 2005. Husband of the petitioner
pre-deceased his father. The application made by the petitioner for
compassionate appointment has been rejected on the ground that she
is not included in the definition of family.
Learned counsel for the petitioner refers to the Division Bench
judgement of this Court in the case of Zila Panchayat, Kaushambi &
Anr. versus Laltidevi & Another reported in 2008 ALJ 588, which
concludes the issue in her favour.
In the facts of the present case, let the District Basic Education Officer,
Kanpur Dehat i.e. respondent no.1 re-examine the matter with regard
to the claim of the petitioner for compassionate appointment in light of
the Division Bench judgement of this Court in the case of Zila
Panchayat, Kaushambi (Supra) and for the purpose petitioner is
granted liberty to obtain certified copy of the Division Bench judgement
of this Court in the case of Zila Panchayat, Kaushambi (Supra) and
to file the same along with a certified copy of this order before the
respondent no.1 within four weeks thereafter. Respondent no.1 shall
pass a reasoned speaking order on the same. The impugned order
shall abide by the orders to be passed by the respondent no.1 as
indicated above.
With the aforesaid direction, the present writ petition is disposed of.
(Arun Tandon, J.)
Order Date :- 3.7.2010
Sushil/-