Court No. - 2
Case :- WRIT - A No. - 56590 of 2017 Petitioner :- Smt Geeta Devi Respondent :- State Of U.P. And 4 Ors.
Counsel for Petitioner :- Shrawan Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Ram Surat Ram (Maurya),J.
Heard counsel for the petitioner and Standing Counsel for State-respondents.
The writ petition has been filed for mandamus directing to the Executive Engineer , Anusandhan Avam Niyojan (Jalsansadhan) Block Deportment Irrigation, Basti, respondent-4, to consider the claim of the petitioner for compassionate appointment under Dying in Harness Rules.
It has been stated that Stalin, husband of the petitioner was Clerk posted in the office of respondent-4. He died in harness on 8.7.2016. Thereafter an application was filed by the petitioner for compassionate appointment as well as for terminal dues. The petitioner filed Writ A No. 2999 of 2017 for the relief that respondents be directed to appoint the petitioner on compassionate ground. The writ petition was disposed of by order dated 20.1.2017 directing respondent-4 to decide the representation of the petitioner. Thereafter respondent-4 passed the order dated 28.3.2017 in respect of terminal dues of Stalin, husband of the petitioner, but no order has been passed in respect of appointment of the petitioner on compassionate ground. The order dated 28.3.2017 was challenged in Writ A No. 21941 of 2017 which has been entertained by this Court and now it is pending.
The Standing Counsel points out that in the order dated 18.5.2017 passed by this Court, Smt. Vijay Laxmi , respondent- 5, was claiming herself to be legally weded wife of Stalin. As such in her life time, the petitioner cannot said to be legally weded wife of a Government Servant.
However, the petitioner states that Principal Judge, Family Court in its judgment dated 11.9.2015 has declared the marriage of Smt. Vijay Laxmi as illegal.
I have considered the arguments of the counsel for the parties and examined the records.
There is nothing on record to show that application relating to compassionate appointment of the petitioner has been decided. Although this Court in the order dated 20.1.2017 has directed to decide the representation of the petitioner for compassionate appointment.
In the facts of the case, the writ petition is disposed of with direction to Executive Engineer, respondent-4 to pass an appropriate order on the application of the petitioner for her compassionate appointment, after hearing Smt. Vijay Laxmi, who is also claiming herself to be legally weded wife of Stalin, within a period of two months from the date of producing a certified copy of this order before the authority concerned.
Order Date :- 28.11.2017 Rahul /-