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2025 DAILYLAW 30790 (ALL)

SWETA SHARMA v. STATE OF U.P. AND 3 OTHERS

WRIA/3350/2025 · 2025-03-18

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39849 Court No. - 4 Case :- WRIT - A No. - 3350 of 2025 Petitioner :- Sweta Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Kumar Ojha,Seemant Singh Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard learned counsel for the petitioner as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioner is seeking a writ of mandamus to the respondent to consider her claim for appointment on compassionate basis on account of her husband dying in harness. It is submitted that the petitioner is the second wife and she got married to late Awadhesh Rawat only after the death of his first wife, however, her brother-in-law (Jeth) is creating objection to her claim. It is submitted that in the above regard, petitioner has already represented the matter before the competent authority on 20.01.2025. It is submitted further that her brother-in-law had already approached this Court vide Writ - A No. 18706 of 2024 in which direction was issued to consider the claim of that petitioner. From the bare perusal of the order dated 27.11.2024 it clearly transpires that the present petitioner was also directed to be heard in the matter. In view of the above, no fresh direction is required to be issued. However, it is provided that while deciding the respective claims of compassionate appointment, the authority concerned shall look into the documents presented by the respective parties and shall take a final decision in the matter after giving opportunity of hearing to the respective parties in terms of the order passed by this Court on 27.11.2024 in Writ - A No. 18706 of 2024 strictly in accordance with law. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 19.3.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad