Neutral Citation No. - 2025:AHC-LKO:48639 Court No. - 8 Case :- WRIT - A No. - 9274 of 2025 Petitioner :- Kumari Neetu Respondent :- Prin. Secy. Postal Deptt. Dak Bhawan New Delhi And 4 Others Counsel for Petitioner :- Ambrish Kumar Dwivedi,Abhishek Dwivedi,Abhishek Kumar Mishra,Harshita Dwivedi,Satyam Ojha Counsel for Respondent :- A.S.G.I. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner and Mr. Dev Rishi Kumar, learned counsel for opposite parties 1 to 4. In view of order being passed, notice to opposite party No. 5 stands dispensed with. 2. Petition has been filed challenging order dated 13th May 2025 rejecting petitioner's representation for employment on compassionate basis in view of submission that her husband, late Ashish Kumar, passed away in harness,. 3. Learned counsel for petitioner submits that she had earlier as well filed Writ A No. 2390 of 2025 which was disposed of vide order dated 28th February 2025, directing the authority concerned to decide petitioner's representation, where after the impugned order has been passed without considering the evidence submitted by petitioner to prove that she was legally wedded wife of late Ashish Kumar. It is submitted that the authority has erred in rejecting the representation with request to provide a decree from competent court regarding legality of marriage. 4. Learned counsel for opposite parties has refuted submissions advanced by learned counsel for petitioner with submission that apart from petitioner, one Smt. Mamta arrayed as opposite party No.5 to the Writ Petition is also claiming the same benefits indicating herself to be the legally wedded wife of deceased and it is in such circumstance that impugned order has been passed issuing a request to petitioner to file the application afresh after providing a decree from competent court of law regarding legality of marriage. 5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is thus evident that upon demise of deceased late Ashish Kumar, the petitioner as well as opposite party No.5, Smt. Mamta, daughter of Ramdas, claimed to be legally wedded wife of deceased and it is in such circumstances that impugned order has been passed requiring petitioner to provide a decree from competent court of law regarding legality of marriage and declaration of being legally wedded wife of deceased. 6. Considering the aforesaid facts and circumstances, it being evident that there are two ladies claiming to be the legally wedded wife of deceased, in the considered opinion of this court, it is beyond jurisdiction of the authorities to record any finding with regard to petitioner or opposite party No.5 being legally wedded wife of deceased and in such circumstances, the impugned order requiring petitioner to submit a decree of a competent court of law regarding legality of a marriage and declaration of her being the legally wedded wife of deceased employee is in consonance with law. 7. In such circumstances, this court does not find any occasion to grant indulgence. It shall however be open to petitioner to comply with the request made by impugned order dated 13th May, 2025 and in case is able to obtain such a decree or declaration, would be entitled to submit a fresh application for compassionate appointment. 8. With the aforesaid directions, the petition stands disposed of. Order Date :- 20.8.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench