VIVEK AGARWAL,J. - (1.) Heard learned counsel for the petitioner and Sri Manu Saxena, learned counsel for the respondent No.3.
(2.) Petitioner has filed writ petition seeking compassionate appointment on the ground of death of the petitioner's husband, late Sonu, who was working on the post of Safai Karmachari in Nagar Palika Parishad Modinagar, Ghaziabad. He placed reliance on order dated 04.08.2015 passed by the Co-ordinate Bench of this Court in Writ - A No.43320 of 2015 wherein the Co-ordinate Bench of this Court vide order dated 4.08.2015 directed the respondent to consider and decide the claim of the petitioner's appointment on the compassionate ground.
(3.) Learned Counsel for the respondent has raised an objection that this writ petition is not maintainable as per provisions i.e. Section 4 of U.P. Public Services (Tribunal) Act, 1976 (the Act). For ready reference Section 4 of the Act is quoted as under:- "4. Reference of claims to Tribunal. - (1) Subject to the other provision of this Act, a person who is or has been a public servant and is aggrieved by an the order pertaining to a service matter within the jurisdiction of the Tribunal, may make a reference of claim to the Tribunal for the redressal of his grievance." ;