Court No. - 7
Case :- WRIT - A No. - 17580 of 2018 Petitioner :- Smt. Archana Upadhyay Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Satish Mohan Tiwari,Rahul Gaur Counsel for Respondent :- C.S.C.,Avneesh Tripathi
Hon'ble Dinesh Kumar Singh,J.
This petition under Article 226 of the Constitution has been filed by Archana Upadhyay seeking quashing of the decision taken on 28 April 2018 by the Executive Committee of the Chaudhary Charan Singh, University, Meerut (hereinafter referred to as the 'University') denying compassionate appointment to the petitioner under the Dying-in-Harness Rules.
Heard learned counsel for the petitioner and Sri Avneesh Tripathi, learned counsel appearing for the respondent- University.
The petitioner's husband-Tapendra Upadhyay, died on 29 December 2013 under mysterious circumstances. The mother of deceased and the brothers as well as his sister have made allegations against the petitioner that she was involved in the death of the deceased, who was a Class IV employee in the University. The petitioner had submitted a false affidavit of the mother of the deceased that the mother had no objection if the compassionate appointment is given to the petitioner under Dying-in-Harness Rules. The University considering all aspects of the matter vide decision dated 28 April 2018 taken by the Executive Committee considering the serious allegations of involvement of the petitioner in the death of the deceased had denied her the appointment on compassionate grounds.
When there are allegations of her involvement in the murder of the deceased employee, the wife cannot be given compassionate appointment. The decision taken by the University is correct. Her conduct in submitting a forged affidavit of the mother of the deceased also disentitled her for compassionate appointment.
The writ petition lacks merit and is hereby dismissed.
Order Date :- 20.8.2018 NSC