Court No. - 42
Case :- MATTERS UNDER ARTICLE 227 No. - 9795 of 2019 Petitioner :- Smt. Usha Dixit Respondent :- Senior General Manager And Another Counsel for Petitioner :- Aishwarya Krishna Counsel for Respondent :- Ashish Mishra,Ravi Ranjan
Hon'ble Mrs. Sangeeta Chandra,J.
(Oral)
1. Heard learned counsel for the petitioner.
2. The petitioner prays for a direction to be issued to the Civil Judge (Junior Division), Kanpur Nagar to decide the Original Suit No.2550 of 2019 (Smt. Usha Dixit vs. Senior General Manager, Bharat Sanchar Nigam Limited and another), said to be pending before him since long.
3. It has been submitted by the learned counsel for the petitioner that the petitioner, who is the plaintiff, filed the said suit, seeking a relief for declaration of the plaintiff as legally wedded wife of the deceased Jai Shankar Prasad Dixit and entitled to receive family pension and other emoluments of service as legal heir and representative of the deceased.
4. It has been submitted that notices were issued and the respondents have appeared in the said suit and filed their written statement on 17.3.2017 and the issue was framed by the trial court on 6.7.2017. Since then, the suit is pending disposal. A copy of the order sheet of the said suit has been filed as Annexure-3 to the petition.
5. Learned counsel for the BSNL, on the basis of the papers filed along with the writ petition including the written statement, says that the deceased Jai Shankar Prasad Dixit was living with another lady and in the service records, the lady in question has been shown to be the wife of Jai Shankar Prasad Dixit.
6. Learned counsel for the petitioner says that although Smt. Rani Dixit may have been recorded as the wife of Jai Shankar Prasad Dixit in the service records of BSNL, the children of the petitioner have been mentioned as his dependents.
7. It is not clear as to whether Smt. Rani Dixit and Jai Shankar Prasad Dixit had produced children out of their wedlock. The petitioner says that they had indeed children and then had been given compensation for the accident that had occurred in Uttarakhand, in which both of them had died.
8. If that be the case, the petitioner shall file an appropriate application for impleadment of children of Smt. Rani Dixit within a period of three weeks from today before the competent court. In case such an application is filed, the court concerned shall pass appropriate orders thereon within a further period of three weeks.
9. This petition is disposed of with the aforesaid observations.
Order Date :- 17.12.2019 Sachin