Court No. - 40
Case :- WRIT - A No. - 894 of 2019 Petitioner :- Suman Vaishya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anurag Shukla Counsel for Respondent :- C.S.C.,Satyam Singh
Hon'ble Dinesh Kumar Singh,J.
1. Late Sanjay Kumar, brother of the petitioner was employed as Assistant in U.P. Co-operative Bank Limited, Bareilly. The brother of the petitioner died on 25.09.2015 in harness. The petitioner claiming to be dependent and legal heir of the deceased employee seeks her compassionate appointment and release of service dues of her late brother in her favour.
2. Vide impugned order dated 10.12.2018 placed on record to the writ petition Annexure-8, the competent authority has passed detailed order whereby the petitioner's claim for compassionate appointment has been rejected on the ground that the petitioner cannot be said to be dependent of the deceased employee.
3. It has further been said that the petitioner was nominee in Provident Fund Account of the deceased employee and, therefore, a decision has been taken to release the Provident Fund in favour of the petitioner. With respect to release of other dues, it has been observed that the petitioner or widow of the deceased may obtain necessary succession certificate from the competent Court and then on that basis claim of the petitioner or widow of the deceased would be considered for release of other fund.
4. Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel and perused the record.
5. I do not find any infirmity or illegality in the order impugned. The petitioner is married sister of the deceased and she cannot be said to be dependant. Alleged dues cannot be released in favour of the petitioner, unless and until she produces succession certificate of the deceased before the competent authority or court. Since a decision has already been taken to release the Provident Fund amount in her favour, the respondents are directed to release the said amount as per the impugned order in favour of the petitioner, if there is no legal other impediment.
6. With the aforesaid observation/direction, the writ petition is disposed of.
Order Date :- 21.1.2019/prateek