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2025 DAILYLAW 4162 (ALL)

SMT. BOBY PARVEEN v. STATE OF U.P. AND 4 OTHERS

WRIA/73/2025 · 2025-07-23

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:121531 Court No. - 5 Case :- WRIT - A No. - 73 of 2025 Petitioner :- Smt. Boby Parveen Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Onkar Nath Counsel for Respondent :- C.S.C.,Manoj Kumar Mishra,Ramanand Gupta Hon'ble Saurabh Shyam Shamshery,J. Heard Sri Onkar Nath, learned counsel for petitioner and Sri Ramanand Gupta, learned counsel for respective respondents. The grievance of the petitioner is to pay terminal dues such as G.P.F., Family Pension, Leave Encashment, Gratuity, Group Insurance etc. with interest and to appoint her on the post of Sevika (Class IV employee) under Dying in Harness Rules in Nagar Palika Parishad, Etah. Learned counsel for respondent by referring a report annexed along with the counter affidavit submits that petitioner has not able to prove that she is a legally wedded wife of deceased employee. It is also brought on record that the petitioner has approached to Civil Judge, Junior Division, Etah for a succession certificate by Misc. Case No.56 of 2025, however, the same is still not decided. Learned counsel for respondents on basis of instruction submits that petitioner has not appeared in aforesaid case. I have considered the above submissions and perused the record. Since, there is a dispute whether petitioner is legally wedded wife of deceased employee or not and a litigation is pending before the Competent Court, therefore, the Court is of the opinion that relief sought by petitioner cannot be granted since it would be subject to the outcome of aforesaid referred case. Accordingly, writ petition is disposed of with an observation that concerned respondent will decide the prayer of petitioner on basis of outcome of aforesaid case. It is also necessary to observe that learned Trial Court will take endeavour to decide the aforesaid case expeditiously. Order Date :- 24.7.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad