Court No. - 33
Case :- WRIT - A No. - 8946 of 2021 Petitioner :- Basanti Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Indra Raj Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Order impugned records that petitioner had not been able to establish that she is wife of Kaviram and, therefore, her claim for release of financial benefits due to late Kaviram and also for compassionate appointment has been rejected.
Learned counsel for the petitioner states that petitioner's marriage was registered and that the deceased employee also had approached this Court by filing writ petition no. 3351 of 2019 for adding the name of petitioner in his service record.
As per the death certificate, Kaviram has died on 25th May, 2019. His death has been registered on 9.7.2019. The alleged marriage has been registered in the month of April, 2019. It is also on record that the previous wife of late Kaviram died sometime in 2018; whereas petitioner claims to have married the deceased in 1992. At that point of time the first wife was alive.
From the materials place on record, it appears that claim of petitioner's marriage with late Kaviram is seriously disputed. This Court in exercise of its jurisdiction under Article 226 of the Constitution of India would not determine such questions of fact.
Leaving it open for the petitioner to approach the appropriate Civil Court for grant of necessary declaration of her status as wife of Kaviram and approach the authorities thereafter, this writ petition is consigned to records.
Order Date :- 23.9.2021 Ranjeet Sahu