Court No. - 5
Case :- WRIT - A No. - 11127 of 2021 Petitioner :- Neelam Kumari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Order on Civil Misc. Impleadment Application No. 2 of 2021.
Since petitioner-Satya Prakash in connected Writ-A No.4806 of 2020 has withdrawn his claim for compassionate appointment, therefore, he is neither necessary nor proper party in the present writ petition.
Accordingly, impleadment application is rejected. Order on Writ Petition.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner is widow of late Manohar Lal, who was Sinchpal in Irrigation Department and died on 28.04.2020.
This Court on 23.09.2021 passed the following order:-
"Heard learned counsels for the parties.
Petitioner-Neelam Kumari claims to be the wife of deceased employee- Manohar Lal, son of Biraju Prasad @ Viraju Prasad, who was appointed on the post of Sinchpal in the Irrigation Department on 20.03.2012. The marriage came to be solemnized on 21.04.2019. The photocopy of the marriage card has been placed on record. The employee died on 28.04.2020, postmortem was conducted and the cause of death was heart- attack. Thereafter, petitioner moved an application on 20.05.2020 for compassionate appointment in the office of the third respondent- Executive Engineer, Laghu Dal Nahar Khand, District-Mirzapur.
In the connected writ petition (Writ- A No. 4806 of 2020), petitioner (Satya Prakash, son of Biraju Prasad @ Viraju Prasad) is the brother of the deceased employee, he claims to be unmarried and seeks compassionate appointment with the third respondent. The application for appointment was filed on 20.05.2020. He is opposing the appointment of the petitioner (Neelam Kumari).
The extract of the family register issued on 05.11.2020, by the Gram Panchayat Vikas Adhikari, Gram Panchayat-Sukri (Annexure-7 to the writ petition), wherein petitioner's name (Neelam Kumari) is recorded with the name of her husband. The photographs of the marriage has also been placed on record.
It is submitted by learned counsel for the petitioner (Neelam Kumari) that an attempt is being made by her-in-laws to notsuit her claim for compassionate appointment taking a fake plea that the deceased employee was unmarried. The in-laws want to ensure the appointment of their second son as against the petitioner (Neelam Kumari).
Since, the petitioner of the second writ petition (Writ- A No. 4806 of 2020) has questioned the status of Neelam Kumari not being his sister-in-law, it would be appropriate that a report with regard to the marital status of Neelam Kumari be sought from the District Magistrate, Sonebhadra and Varanasi.
Learned Standing Counsel to furnish a copy of this order to the District Magistrate, Sonebhadra, as well as, District Magistrate, Varanasi, who shall obtain a report from the concerned authority with regard to the marital status of both the petitioners.
List this case as fresh on 26th October, 2021."
Pursuant to the order of this Court dated 23.09.2021, learned Standing Counsel has produced the report of Sub Divisional Magistrate which states that petitioner was legally married to late Manohar Lal.
Thus, being the widow of late Manohar Lal, petitioner is entitled to compassionate appointment.
In view of the aforesaid fact, the writ petition is disposed off permitting the petitioner to submit a comprehensive representation before the respondent no.3-Executive Engineer, Laghu Dal Nahar Khand, District Mirzapur raising all her grievances within a period of two weeks from today. In case, any such representation is filed by the petitioner, the respondent no.3 shall consider and decide the same strictly in accordance with law by a reasoned and speaking order, preferably within a period of two months thereafter.
This order has been passed in the presence of Sri Sachin Mishra, learned counsel for the respondents.
Order Date :- 29.10.2021 Sattyarth