Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 93613 (ALL)

POONAM SHARMA v. State of UP AND 3 OTHERS

WRIA/13931/2024 · 2025-05-05

Saurabh Shyam Shamshery

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:72022 Court No. - 6 Case :- WRIT - A No. - 13931 of 2024 Petitioner :- Poonam Sharma Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- Bhupesh Pratap Singh,C.S.C.,Rakesh Kumar Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Kauntey Singh, learned counsel for the petitioner and Sri B.P.Singh for respondent nos.3 and 4. 2. Petitioner has declared that she got married with Chitra Bhushan Sharma, an Assistant Teacher, however, her relation was not cordial with him and there were litigations between them also. 3. Chitra Bhushan Sharma, died in harness on 11.8.1998 i.e. more than 27 years ago and one Sanjay Kumar, allegedly adopted son of deceased Chitra Bhushan Sharma got compassionate appointment in the year 1999 however, appointment was cancelled on 25.8.2020. Said Sanjay Kumar Sharma has filed a Writ Petition No.38519 of 1999, whereby an interim order dated 9.9.1999 was granted in his favour and it appears that said Sanjay Kumar Sharma has worked thereafter. However, he died in the year 2022 and now the petitioner has come forward to claim all terminal benefits arising out on account of death of Chitra Bhushan Sharma as well as compassionate appointment. 4. Petitioner has declared her age about 52 years. 5. Learned counsel for the petitioner refers document and averments annexed along with this writ petition to support the prayers of present Writ Petition. 6. Learned counsel for the respondents submitted that at a belated stage claim of the petitioner for compassionate appointment and other benefits do not substantiate since deceased's adopted son was appointed on compassionate ground and later on died. 7. Impleadment Application on behalf of adopted son is also filed. 8. I have considered the above submissions. 9. The petitioner was in a very long slumber and awoke after more than 27 years and at this stage claim for compassionate appointment would not only be against the object of it, but a futile exercise also since deceased's adopted son was given compassionate appointment many years ago, though later on he expired. 10. So far as claim of terminal benefits is concerned since the petitioner has never taken any steps for it as well as it appears that there is a dispute also about her marital status, therefore, in writ jurisdiction same cannot be decided. Accordingly, said claim is also rejected. 11. Writ petition is accordingly dismissed. Order Date :- 6.5.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad