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2025 DAILYLAW 167408 (ALL)

SMT. MEENA KUMARI v. STATE OF U.P. THRU. PRIN. SECY. ENERGY DEPTT. LKO. AND 3 OTHERS

WRIA/10272/2024 · 2025-02-20

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11047 Court No. - 5 Case :- WRIT - A No. - 10272 of 2024 Petitioner :- Smt. Meena Kumari Respondent :- State Of U.P. Thru. Prin. Secy. Energy Deptt. Lko. And 3 Others Counsel for Petitioner :- Brijesh Kumar Mishra,Tara Chand Seth Counsel for Respondent :- C.S.C.,Geeta Mishra,Neerav Chitravanshi,Ram Nath,Shatrughna Awasthi Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondent No.1 and Shri Neerav Chitravanshi, learned counsel appearing for respondents No.2 and 3. Vakalatnama filed by Shri Ram Nath, Advocate on behalf of respondent No.4. 2. Instant petition has been filed praying for a writ of mandamus commanding the respondents to appoint the petitioner on any suitable post. 3. The petitioner claims herself to be the widow of the deceased employee who got married after divorcing his first wife. 4. Shri Neerav Chitravanshi, learned counsel appearing for the Corporation states that the petitioner is not recorded as wife in the service record and at the same time, the respondent No.4 who is the son of the deceased employee has also staked his claim for compassionate appointment. The said claim has been rejected. Being aggrieved the respondent No.4 filed a writ petition at Allahabad. 5. It is also contended that the petitioner has been informed through letters dated 02.08.2022, 25.03.2023 etc., to get a Succession Certificate from the competent court of law in order to process the claim but even the said Succession Certificate has not been produced till date. 6. Considering the aforesaid more particularly when there is a dispute raised to the petitioner being even the widow of the deceased employee and the respondent No.4 having also staked his claim for being appointed at compassionate ground, the writ petition is disposed of leaving it open to the petitioner to get the Succession Certificate from the competent court of law. In case the Succession Certificate is produced by the petitioner, her claim would be processed in accordance with law along with other eligible persons if any. Order Date :- 20.2.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench