Nisha Vs State of U.P. and 2 Others

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Court No. - 6 Case :- WRIT - A No. - 5195 of 2018 Petitioner :- Nisha Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sunil Prakash Anand Hon'ble Yashwant Varma,J.

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Heard learned counsel for the petitioner and the learned Standing Counsel.

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This petition has been preferred seeking a direction for the appointment of the petitioner on compassionate grounds.

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It is asserted that the husband of the petitioner died on 27 January 2015 while still in service. It is on that basis that the claim for compassionate appointment was laid. From the counter affidavit filed in these proceedings, the Court notes that the respondents take the stand that the name of the petitioner does not stand recorded in any of the service records of the deceased employee. In light thereof they have taken the view that the petitioner's case would merit consideration only after a succession certificate is obtained and filed.

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Undisputedly, no succession certificate has been obtained by the petitioner till date. The certificate issued by the Tehsildar cannot possibly be countenanced as being a valid substitute for a succession certificate which is granted in accordance with law. Faced with this situation learned counsel for the petitioner states that liberty may be granted to the petitioner to approach the respondent with her claim for grant of compassionate appointment after obtaining a succession certificate in accordance with law.

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In light of the statement so made, this petition is disposed of with liberty as prayed.

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Order Date :- 29.10.2018/faraz

Nisha v. State of U.P. and 2 Others

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Nisha v. State of U.P. and 2 Others

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