ARCHANA SAXENA Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-7-78
HIGH COURT OF UTTARAKHAND
Decided on July 19,2012

ARCHANA SAXENA Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

BARIN GHOSH, J. - (1.) THERE has been 165 days delay in filing the appeal. Accordingly, an Application has been filed for condonation of delay in preferring the appeal. The reasons furnished therein are not sufficient at all. No explanation as to what the appellant did after she returned having had stayed away for a period of about a month has been furnished. Be that as it may, we allow the Application. Having had allowed the Application, we have heard the learned counsel for the parties on merits.
(2.) THE application made by the appellant, second wife of the deceased employee of respondent No.3, seeking an appointment on compassionate ground, having been rejected, the appellant filed a writ petition. That writ petition having been dismissed, appellant has preferred the present appeal.
(3.) IT is not in dispute that the wife of the deceased employee of respondent No.3 is still alive. There is no concept of a second wife under the Hindu Marriage Act, 1955. Marriage, after coming into force of the said Act, during the lifetime of a spouse living, has been declared by Section 11 thereof as null and void. In the circumstances, appellant never had acquired, nor can ever acquire the status of wife of the deceased employee. Since she is not the wife of the deceased employee, she is not covered by the Rules made for giving compassionate appointment, as right to be considered for compassionate appointment, in terms of the Rules, is confined to wife, son and daughter of the deceased. Inasmuch as the appellant is not the wife of the deceased employee, she is not a heir of the deceased employee, inasmuch as, Section 8 of the Hindu Succession Act, 1956 has classified those relatives specified in Class -I of the Schedule as the heirs of the deceased Hindu. In Class -I of the Schedule, while wife has been mentioned, in order to be a heir by virtue of being related as a wife, the person claiming has to establish that, in law, she can be regarded as wife. In those circumstances, appellant did not inherit the deceased employee, a Hindu governed by the laws mentioned above, in respect of his retiral dues on account of Provident Fund, gratuity, etc. We, accordingly, find that there is nothing to be done in the appeal. The same is dismissed.;


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