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Neutral Citation No. - 2025:AHC:56447 Court No. - 4 Case :- WRIT - A No. - 20941 of 2024 Petitioner :- Kumari Payal Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Giri,Surendra Kumar Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.
1. Heard Sri Ajay Kumar Giri, learned counsel for the petitioner, Sri Indra Pal Singh Rajpoot, learned counsel appearing for newly impleaded respondent no.5 and learned Standing Counsel for the State.
2. Impleadment application is allowed.
3. Let the impleadment be carried out forthwith.
4. By means of this petition filed under Article 226 of the Constitution of India, petitioner wants direction to the concerned competent respondent no.2 in the matter to consider her claim for compassionate appointment.
5. Learned counsel for the newly impleaded respondent no.5 submits that the fifth respondent is a widow of late Subhash Chandra Yadav as after the death of his first wife he married respondent no.5 and hence, respondent no.5 stands to be nominee so recorded in the official records whereas, petitioner before this Court is daughter of his first wife.
6. Learned Standing has obtained instructions which is taken on record and as per instructions the petitioner as well as respondent no.5 have been
directed to produce succession certificate before respondent no.2 so that matter could be decided.
7. It further transpires from the affidavit that in respect of compassionate appointment respondent no.5 had earlier approached this Court vide Writ A
No.18719 of 2023, which came to be disposed of vide order dated 07.11.2023. Learned counsel for the newly impleaded respondent no.5 submits that till date no decision has been taken in the matter.
8. In the given facts and circumstances, when the petitioner as well as respondent no.5 have been
directed by the authority concerned to furnish before it the succession certificate so that matter for claim of compassionate appointment inter se parties may be disposed of, I consider it appropriate for both the parties to obtain succession certificate from the competent court of law and after obtaining the same will submit it before the competent authority- respondent no.2 who shall then proceed to decide the matter giving opportunity of hearing to both the parties in the light of the order passed on 07.11.2023 in Writ A No.18719 of 2023.
9. With the aforesaid observation and direction, this writ petition stands disposed of.
Order Date :- 17.4.2025 Deepika Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad