In a writ petition for compassionate appointment, the Allahabad High Court dismissed the claim, ruling that no case is made out as the petitioner's husband was an ex-employee and not in service on the date of his death.
The writ petition was dismissed and no direction was issued to the Nagar Nigam.
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.
Neutral Citation No. - 2023:AHC:185656
Court No. - 33
Case :- WRIT - A No. - 14675 of 2023
Petitioner :- Madhu Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satya Sinha,Lallu Singh Counsel for Respondent :- C.S.C.,Arun Kumar,Manoj Kumar Singh
Hon'ble J.J. Munir,J.
Heard Mr. Lallu Singh, learned Counsel for the petitioner in support of this petition at great length and Mr. Arun Kumar, learned Counsel appearing for the Nagar Nigam, Prayagraj.
Admittedly, the services of the petitioner's husband, who was a Safai Naik in the employ of the Nagar Nigam, Prayagraj were terminated 07.12.2004 against which a writ petition was preferred before this Court being Writ-A No. 47490 of 2006, which was dismissed in the petitioner's absence, but on merits. The said order has not been set aside till date. The petitioner seeks compassionate appointment on the foot of the fact that her husband passed away on 26.11.2021. It is not even disclosed what would have been the date of the petitioner's husband's retirement.
Be that as it may, since the petitioner's husband was not in service on the date that he died, but an ex-employee of the Nagar Nigam, no case for issuing a direction to consider the petitioner's case for compassionate appointment is made out.
This writ petition fails and is dismissed . Costs easy.
Order Date :- 25.9.2023 Deepak
Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether a compassionate appointment petition is maintainable when the deceased husband was not in service on the date of his death.
Madhu Devi
State Of U.P.
Nagar Nigam, Prayagraj
J.J. Munir
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
