Neutral Citation No. - 2025:AHC-LKO:39300 Court No. - 18 Case :- WRIT - A No. - 7420 of 2025 Petitioner :- Smt. Sadhana Kanaujia Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 2 Others Counsel for Petitioner :- D.K. Singh Chauhan Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties. 2. Petition has been filed challenging order dated 20.02.2025 whereby succession certificate issued earlier in favour of petitioner has been cancelled by Office of District Magistrate on account of the fact that suit for succession is already pending before the Court of Competent Civil Jurisdiction in Regular Suit No.176 of 2020. Further prayer has been made for a direction to authority concerned to consider petitioner's application for compassionate appointment ignoring the order dated 20.02.2025 and for restoration of succession certificate dated 05.12.2024. 3. At the very outset, learned counsel for petitioner restricts his prayer for a decision with regard to prayer no.2 for consideration of petitioner's candidature for compassionate appointment in view of the fact that her husband Ashish Kumar who was employed as a Constable with the Police Department passed away on 14.07.2020 while in services. 4. It is submitted that since petitioner is admittedly the legally wedded wife of late Ashish Kumar, the emphasis being made by Department for production of succession certificate is irrelevant and meaningless. He has also adverted to judgment rendered by Coordinate Bench of this Court in Writ A No.1784 of 2025 instituted by one Prem Kumari (mother-in-law of petitioner). The said petition was dismissed by means of judgment and order dated 14.02.2025 clearly holding petitioner to be entitled to claim appointment on compassionate ground. 5. Learned State counsel has refuted submissions advanced by learned counsel for petitioner with the submission that challenge to order dated 20.02.2025 is irrelevant in view of the fact that Civil Litigation with regard to succession is already pending between the petitioner and her mother-in- law, Prem Kumari. It is submitted that the aspect of consideration of compassionate appointment may be directed to be considered by competent authority. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material available on record, it is evident that earlier the mother-in-law, Smt. Prem Kumari had approached this Court by filing Writ A No.1784 of 2025 challenging the succession certificate dated 05.12.2024 which had been issued earlier in favour of petitioner by the Office of District Magistrate. 7. It is evident from a perusal of judgment and order dated 14.02.2025 that it has been specifically recorded in paragraphs 14 and 15 of the judgment that respondent no.4 therein (petitioner in this Writ Petition) is admittedly the wife of deceased Government Servant Ashish Kumar. It is also recorded that there were matrimonial disputes due to which an application under Section 125 Cr.P.C. was filed by petitioner before the Court of competent jurisdiction and an agreement had been entered into for filing an application under Section 13B of the Hindu Marriage Act but could not be filed since Ashish Kumar passed away in the meanwhile. 8. In paragraph 15 of the judgment, it has been held that Respondent No.4 therein who is said to be the petitioner in this Writ Petition is the legally wedded wife of Ashish Kumar and therefore it cannot be denied that she is a legal heir and therefore fully entitled to claim appointment on compassionate basis particularly considering the fact that the age of mother-in-law Smt. Prem Kumari is said to be 63 years and therefore even if is declared to be legal heir, cannot be granted Government Service looking into her age. 9. Considering aforesaid aspects, it is quite evident that Coordinate Bench of this Court has clearly in its judgment dated 14.02.2025 has held petitioner entitled to be considered for claiming appointment on compassionate grounds. In view of aforesaid, it is evident that the aspect of succession certificate being required for purposes of considering petitioner's claim for compassionate appointment is meaningless. 10. In view of aforesaid facts and circumstances, opposite party no.3 i.e. Commissioner of Police, Police Commissionerate, Agra is directed to consider and decide application dated 26.05.2022 for compassionate appointment to petitioner in terms of relevant rules ignoring the aspect of succession certificate. Such a consideration shall be made in accordance with Rules pertaining to compassionate appointment within a period of six weeks from the date a certified copy of this order is produced before concerned authority. 11. It is made clear that this Court has not made any adjudication regarding service benefits which may be paid in accordance with law. 12. With the aforesaid observation and direction, the petition stands disposed of. Order Date :- 10.7.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench