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Neutral Citation No. - 2025:AHC:107489 Court No. - 5 Case :- WRIT - A No. - 723 of 2025 Petitioner :- Bavita Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ajay Kumar Kushwaha,Rajesh Kumar,Ram Krishna Patel,Shad Khan Counsel for Respondent :- Diptiman Singh,Archit Mandhyan,C.S.C. And Case :- WRIT - A No. - 20603 of 2024 Petitioner :- Kumari Parul Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Akshay Kumar Shukla,Ravindra Pal Singh Kashyap,Sarthak Verma Counsel for Respondent :- Avneesh Tripathi,Ajay Kumar Kushwaha,Archit Mandhyan,C.S.C.,Rajesh Kumar,Shad Khan Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Shad Khan, learned counsel for petitioner in writ petition No.723 of 2025 and Sri Sarthak Verma, learned counsel for writ petition No. 20603 of 2024 , Sri Avinash Tripathi,
learned counsel for respondents in both writ petitons.
2. One Rahul was appointed on compassionate ground that his father died in harness. It is not under much dispute that he has given undertaking that he will look after his minor siblings which he has honoured also. Unfortunately, said Rahul died in harness within a very short period of his compassionate appointment and now the present petitioner, i.e. his wife is being appointed on compassionate ground.
3. The order of appointment was kept in abeyance by an order passed by this Court during pendency of this writ petition. Later on 14.05.2025, the said order was vacated and thereafter petitioner is working on post of Assistant Clerk.
4. It is also not under much dispute that petitioner has given an undertaking that she will look after dependent of deceased husband i.e. his siblings. It is also not much dispute that deceased Rahul has three siblings namely, Parul, who is now married, Sapna, who is major girl but still unmarried and Anmol who has just become major.
5. Learned counsel for petitioner on basis of instruction submits that petitioner is receiving about Rs.25000/- in hand towards his salary though there is some dispute raised on behalf of other respondents and other writ petitioners i.e. siblings of deceased Rahul and she is ready to pay some amount for certain period.
6. It is also not much under dispute that retiral dues of deceased Rahul are distributed equally between petitioner and siblings of deceased.
In the aforesaid circumstances, considering that petitioner has already given undertaking to look after the siblings of her late husband, therefore, in the interest of justice, this writ petition is
disposed of with following direction :- (a) Parul, who has already got married is not entitled to receive any money from the petitioner. (b) Sapna, who is aged about 21 years and is still unmarried, therefore, she is entitled for the payment of Rs. 4000/- per month for five years or till her marriage solemnized whichever is earlier. (c) Anmol who has just become major will be entitled for payment of Rs.2000/- per month for a period of 3 years only.
7. In the aforesaid circumstances, the second writ petition is also disposed of.
Order Date :- 8.7.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad