VIKRANT SHARMA v. ADHISHSI ABIYANTA (EXECUTIVE ENGINEER) ELECTRICITY DISTRIBUTION DIV. - II, MORADABAD AND 4 OTHERS
WRIA/18615/2019 · 2025-03-04
Ajay Bhanot
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 51776 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51776 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:31474 Court No. - 5 Case :- WRIT - A No. - 18615 of 2019 Petitioner :- Vikrant Sharma Respondent :- Adhishsi Abiyanta (Executive Engineer) Electricity Distribution Div. - Ii, Moradabad And 4 Others Counsel for Petitioner :- Manu Saxena Counsel for Respondent :- C.S.C.,Shivam Yadav Hon'ble Ajay Bhanot,J. Shri Manu Saxena, learned counsel appears for the petitioner. Shri Shivam Yadav, learned counsel appears for the respondents No.1 to 3 and learned Standing Counsel appears for the respondent No.4-State. By the impugned order dated 02.08.2019 the claim of the petitioner for appointment on compassionate ground has been declined by the respondent No.1 on the footing that there is a civil suit in regard to his succession as the heir of the deceased-employee which is pending before the competent court. Ordinarily the ground is sufficient to non-suit the petitioner and await the outcome of such proceedings. However, the claim of the petitioner raised at this stage shall be decided on its merits. The claim of the petitioner before this Court is made on the footing of the judgement and decree rendered by the learned Civil Judge (Senior Division), Shahjahanpur in Original Suit No.394 of 2016 (Vikrant Sharma v. Smt. Urmila Sharma). The public at large was a defendant in the suit. However, nothing is in the record
to establish that the public at large was notified about the claim of the petitioner, by means of any advertisement or otherwise. Hence, the decree will not bind the respondents-authorities. At this stage, the writ petition is dismissed. Order Date :- 5.3.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad