Court No. - 6
Case :- WRIT - A No. - 27428 of 2018 Petitioner :- Smt. Rakhi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Amar Chandra,R. A. Ram Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
The order impugned has apprised the petitioner of the requirement of obtaining an appropriate declaration from a competent court with regard to her claim for appointment on compassionate grounds. The issue itself arises in the context of the petitioner claiming to be the second wife of the deceased government servant and the respondents being faced with a competing claim laid on behalf of the son of the first wife. All that the respondents have required the petitioner to do is to obtain an appropriate declaration in evidence of her right and claim to seek appointment. The mere fact that she was recorded as nominee in the service book would only entitle her to obtain retiral benefits and other dues of the deceased government servant. Mere nomination does not confer on her an overriding right to obtain appointment.
Consequently the Court finds no ground to interfere with the order impugned.
Writ petition is dismissed.
Order Date :- 20.12.2018 faraz