- (1.) This intra-court Appeal is directed against the judgment and order dated 7.8.2014 passed in Civil Misc. Writ Petition No. 37833 of 2013, Ankita Tiwari and another Vs. State of U.P. and others, whereby the learned Writ Court has directed the Executive Engineer, Electricity Distribution Division II, Ghazipur, to pay Rs. Five Thousand per month to Ram Dulari Devi, (respondent no. 5 in this Special Appeal), who is the real mother of the appellant, after deducting it from the salary of the appellant.
(2.) We have heard Sri Praveen Kumar Singh, learned counsel for the appellant, learned Standing Counsel for respondent no. 1, Sri Ashutosh Vaish, learned counsel for respondent nos. 2 and 3 and Sri Rakesh Kumar Pathak, learned counsel for respondent nos. 4 and 5.
(3.) The brief facts giving rise to this appeal are that the appellant Sita Devi and respondent no. 4, Ankita Tewari, are real sisters and respondent no. 5 is their mother. After declaration of civil death of the father of the appellant, the mother of the appellant moved an application to provide employment to her daughter i.e. Sita Devi- appellant on compassionate ground. The appellant was appointed on the post of Class IV employee on 10.11.2006. On 15.6.2008 the appellant got married and after her marriage she started living separately with her husband. The appellant has alleged that before her marriage she used to spend entire amount of her salary on the maintenance of her mother and unmarried sister but due to the reason that the appellant had married against the wishes of her mother, her mother refused to accept the amount offered by her. Hence, the appellant opened a Bank Account and started depositing a sum of Rs. 1500/- per month for maintenance of her mother in that Bank account. Being aggrieved her mother and sister preferred Civil Misc. writ petition No. 62696 of 2012 in which this court directed the authority concerned to look into the grievances of the petitioners and to pass a proper order. In pursuance of the aforesaid order the concerned authority passed a detailed order on 9.4.2013 dismissing representation of Ram Dulari Devi and expressing its view that the appellant has made efforts to maintain the petitioners and she has paid some amount to them for their maintenance. The mother and sister being aggrieved by the aforesaid order dated 9.4.2013 filed Civil Misc. Writ Petition No. 37833 of 2013 in which vide impugned order the appointing authority of the appellant was directed to deduct Rs. 5000/- per month from the salary of the appellant and to pay to respondent no. 5 as maintenance.;