The High Court dismissed a writ petition filed by a second wife seeking a direction to deduct an amount from the salary of a police nominee under the Dying in Harness Rule. The Court held the remedy lies in Civil Suit as no fundamental right exists.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 34
Case :- WRIT - A No. - 2678 of 2022
Petitioner :- Smt. Ranno Devi Pal Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Raghvendra Kumar Pal,Arun Kumar Tiwari
Counsel for Respondent :- C.S.C.
Hon'ble Rajeev Misra,J.
" Issue a writ, order of direction in the nature of mandamus directing to the respondents to deduct the reasonable amount from the salary of the espondent no. 5/Omveer Pal being holding the post of Sub Inspector at Police Station Sakrar, District-Jhansi under the Dying in Harness Rule, 1974, as per affidavit dated 25.072012 given by respondent no.5 to the petitioner being second wife of late Shyam Prakash and two sons namely Yogendra Pal and Vipin Pal of deceased.
ii. Issue any other writ, order or direction, which this Hon'ble Court may deem fit and proper under the circumstance of the case.
iii. Award the cost of the petition in favour of the petitioner."
" Learned Standing Counsel has accepted notice on behalf of respondent no.1 to 4.
Issue notice to respondent no.5.
Steps be taken within a week.
All the respondents will file their counter affidavit within a period of four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List this petition on 18th May, 2022 as fresh case.
Order Date :- 8.4.2022 "
Order Date :- 24.5.2022 YK
Digitally signed by YASHWANT KUMAR Date: 2022.05.26 10:56:41 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner has a subsisting legal right enforceable by this Court under Article 226 of the Constitution of India to direct deduction from the salary of a police nominee under the Dying in
Smt. Ranno Devi Pal
State Of U.P.
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
