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HC ruling on divorced daughter
THE ALLAHABAD High Court on Thursday ruled that a divorced daughter, if not dependant on her father, is not entitled to be appointed under the dying-in-harness rules.
THE ALLAHABAD High Court on Thursday ruled that a divorced daughter, if not dependant on her father, is not entitled to be appointed under the dying-in-harness rules.
The court held that divorced woman should be dependant on her father prior to her father’s death.
The court said that for the purpose of compassionate appointment, the dependent should come within the definition of the family of the deceased.
Justice Shishir Kumar gave this ruling on a writ petition filed by Kushum Devi, whose father had died in harness while functioning as industrial supervisor in Zila Udyog Kendra, Jhansi on November 11, 1999. The petitioner, being daughter, had applied for the appointment in place of her father under dying-in-harness rules.
According to the petitioner, her claim was rejected on the ground, as the divorce decree was obtained subsequent to the death of her father and that the decree too was passed with the consent of the husband. Therefore, the respondent, taking into consideration the facts, rejected her claim saying that she cannot be said to be dependent of the deceased father. Against the order, the petitioner filed the present writ petition.
The court dismissed the writ petition, as admittedly on the date of the death of the father, the petitioner was not his dependant. At the time of death of petitioner’s father, there was no divorce decree in favour of the petitioner by the competent court.
Govt plea on Nagar Nigam poll
THE ALLAHABAD High Court would hear, on Friday, a plea filed by the State government and Election Commission, UP, demanding postponement of election of Nagar Nigams and Nagar Panchayats of the State.
This matter would be heard by a division bench comprising Justice RK Agrawal and Justice Saroj Bala.
To recall, earlier this division bench had on December 22, 2005, directed to hold the election of Nagar Nigams and Nagar Panchayats within six weeks.
In the application filed by the State government, it has been said against the judgment of the high court, a Special Leave Petition had been moved before the Supreme Court and on which notices had been issued by the apex court. Thus, keeping in view this factor, the election should be postponed.
PIL on water issue
HEARING A public interest litigation (PIL), the Allahabad High Court has asked the State government to look into the matter of release of water in the Ganga from Narora Dam.
The Court had further directed to check the flow of nullahs into the Ganga in Allahabad.
This order had been passed by a division bench comprising Chief Justice AN Ray and Justice Ashok Bhushan.
