'Divorced daughter, if not dependent, not entitled for service'

Allahabad, May 25 (UNI) In a significant decision, Allahabad High Court today ruled that a divorced daughter, if not dependent on her father, is not entitled to be appointed under the dying-in-harness rules.

The court held that the divorced woman should be dependent on her father prior to his death.

Justice Shishir Kumar gave this ruling on a writ petition filed by Kushum Devi, whose father had died-in-harness, while working as industrial supervisor in zila udyog kendra, Jhansi on November 11, 1999.

The petitioner, being the daughter, had applied for appointment in place of her father under the dying-in-harness rules.

According to the petitioner, her claim was rejected on the ground, as the divorce decree was subsequent to the death of her father and that decree too was passed with the husband's consent.

Therefore, the department rejected the claim saying she could not be sent to the department of her deceased father.

She had challenged this order in her writ.

However, the court dismissed the petition as admittedly on the date of death of the father, the petitioner was not his dependent.

At the time of death of the petitioner's father, there was no divorce decree in her favour.

By a competent court of law on demand, a consented divorce decree of December 17, 2000 was obtained by the petitioner by the family court.

This clearly showed that intention of the petitioner in obtaining the divorce decree was to get the appointment in place of her father, the court said.

The court said this was an attempt to gain back-door entry in service by the petitioner.

UNI XC VS SG MSJ RAI2044