Court No. - 36
Case :- WRIT - A No. - 11444 of 2019 Petitioner :- Smt. Babuni Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadhesh Kumar Malviya Counsel for Respondent :- C.S.C.,Adarsh Bhushan
Hon'ble Mrs. Sunita Agarwal,J.
Sri Adarsh Bhushan learned counsel has received notice on behalf of respondents.
Learned counsel for the petitioner prays for and is granted permission to implead one of the heirs of the deceased employee who is objecting to the claim of the petitioner, to seek compassionate appointment, by not giving No-objection.
The contention of the petitioner that she applied for compassionate appointment on account of death of her mother in harness on 04.04.2018. The petitioner is widowed daughter of the deceased employee and was fully dependent on her as the petitioner's husband had pre-deceased. Other heirs of the deceased employee had given No-objection before the respondent no.3, except respondent no.4.
The submission is that the petitioner’s application is pending since June 2018 and no decision whatsoever has been taken till date.
Looking to the claim of the petitioner, without expressing any opinion as to the merits of claim of the petitioner, the present petition is being disposed of with the direction to the respondent no.3 namely Executive Engineer, Purvanchal Vidhyut Vitran Nigam Ltd, Electricity Distribution Division Vth Azamgarh, District Azamgarh to decide the claim of compassionate appointment of the petitioner after giving due opportunity of hearing to the respondent no.4 who has not acceded to the request of the petitioner. Due notice shall be given to the respondent no.4 to submit her stand before respondent no.3.
A reasoned and speaking order in accordance with law shall be passed by the respondent no.3, preferably, within a period of six weeks from the date of submission of certified copy of this order.
Order Date :- 26.7.2019 Himanshu