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2025 DAILYLAW 9901 (UTT)

BEENA SHARMA v. STATE OF UTTARAKHAND

WPSS/1313/2025 · 2025-09-16

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:8231 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1313/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Shashank Saun, Advocate for the petitioner through video conferencing. Mr. N.K. Papnoi, Standing Counsel for the State. 2. Petitioner is wife of late Vikas Kumar, who was employed as Junior Assistant in Irrigation Department, in the office of Executive Engineer, Tube-Well Division, Bazpur, District Udham Singh Nagar, who passed away on 30.12.2009. 3. Petitioner applied for compassionate appointment in place of her husband; however, her application has not been considered so far. By means of this writ petition, petitioner has sought a writ of mandamus, commanding the competent authority to give appointment on compassionate ground. 4. Learned State Counsel was asked to get instructions. Today, on instructions, he submits that since petitioner’s name was not recorded in the service record of late Vikas Kumar as his wife, nor she had any other document to prove that she was legally wedded wife of late Vikas Kumar, therefore, petitioner was asked to get succession certificate. 2025:UHC:8231 5. Learned counsel for the petitioner, however, refers to succession certificate issued by Civil Judge (Junior Division), Bijnor in Original Miscellaneous Case No. 215 of 2010. Thus, learned counsel for petitioner submits that petitioner is the legally wedded wife of late Vikas Kumar and there is no other lady, who claims to be his wife and prayer for compassionate appointment, made by petitioner, was not considered so far only because petitioner’s mother-in-law had raised objection. 6. Since petitioner has now produced succession certificate in support of her claim that she is the wife of late Vikas Kumar and claim of the wife will have precedence over the claim of mother of the deceased, therefore, non consideration of petitioner’s claim for appointment appears to be unjust and illegal. 7. Accordingly, the writ petition is disposed of with direction to respondent No. 2, to consider petitioner’s claim for appointment on compassionate ground, as per law, within four weeks from the date of production of certified copy of this order. 8. Pending application(s), if any, also stand disposed of. (Manoj Kumar Tiwari, J.) 16.09.2025 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923 c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4B ABA43D2B8F, cn=MAHINDER SINGH Date: 2025.09.16 17:55:19 +05'30'