Court No. - 2
Case :- WRIT - A No. - 6577 of 2019 Petitioner :- Radhika Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sunil Kumar Singh,Raj Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties.
Petitioner claims to be legally wedded wife of the ex-employee, Parag Rawat, who was working as Safaikarmi in the office of Chief Medical Officer, Ballia, and died-in-harness in 1996. It is alleged that, thereafter, in 1999, the sixth respondent, Meena Kumar @ Radhikari, claiming herself to be wife of the ex- employee, obtained compassionate appointment and since then she is working. Petitioner in 2015, filed a criminal case alleging therein that the sixth respondent is an imposter, whereas, the petitioner is the wife of the ex-employee.
By the instant petition, petitioner seeks a direction to the fifth respondent, Medical Officer, Uchchatar Primary Health Centre, Maniyar, District Ballia, to conduct an enquiry as to who is the wife of the ex-employee.
On specific query, learned counsel for the petitioner is unable to explain as to why the petitioner has raised the issue after a lapse of 20 years and not immediately in 1999 when the sixth respondent had been granted compassionate appointment. It is not the case of the petitioner that she had no knowledge that the sixth respondent came to appointment in 1999.
In the circumstances, this Court in writ jurisdiction cannot enter into the disputed question of facts as to who is the wife of the ex-employee. The remedy available to the petitioner, at this belated stage, is to seek declaration before the competent civil court.
The writ petition is dismissed with liberty to the petitioner to take remedy in accordance with law. It is clarified that this order shall not prejudice the claim and rights of the petitioner in the event she avails the remedy before the competent forum/court.
Order Date :- 26.4.2019 K.K. Maurya