Court No. - 6
Case :- WRIT - A No. - 25256 of 2018 Petitioner :- Sunita Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shashank Shekhar Mishra,Kailash Chandra Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
Bearing in mind the nature of order which this Court proposes to pass, notice need not be issued to the fifth respondent.
The petitioner who claims to be widow of the deceased government servant has instituted these proceedings seeking consideration of her claim for appointment on compassionate grounds. The husband of the petitioner admittedly died some time in 2015 while in service.
Learned Standing Counsel has drawn the attention of the Court to annexure-10 to the writ petition to submit that a competing claim has also been placed by the fifth respondent who is the eldest son of the deceased government servant.
Be that as it may, in situations like this, the provisions of Rule 7 of the 1974 Rules clearly come into play and in terms of which the concerned respondent must necessarily undertake the exercise of evaluating the comparative need and expediency of the rival claims.
Leaving it open to the fourth respondent to undertake the requisite exercise as contemplated under Rule 7 of the 1974 Rules, this petition shall stand disposed of with a direction to the said respondent to attend to the claim of the petitioner for grant of compassionate appointment in accordance with law. The said respondent while undertaking the aforesaid exercise shall also put the fifth respondent to notice and permit him to represent his case. The exercise of consideration shall be disposed of with expedition and preferably within a period of three months from the date of presentation of a certified copy of this order.
Order Date :- 30.11.2018 faraz