SUNITA SINGH KUSHWAHA Vs. STATE OF U P AND 3 ORS
LAWS(ALL)-2016-9-152
HIGH COURT OF ALLAHABAD
Decided on September 17,2016

Sunita Singh Kushwaha Appellant
VERSUS
State Of U P And 3 Ors Respondents

JUDGEMENT

- (1.) Heard Sri Jitendra Pandey, learned counsel for the petitioner, learned standing counsel for respondent no.1 and Sri Saiful Islam Siddiqui holding brief of Sri Q.H. Siddiqui, learned counsel for respondent nos. 2 to 4.
(2.) This writ petition has been filed for the following relief: (i) Issue a writ in the nature of mandamus directing the respondent no.2 to consider the employment of petitioner as per Dying-in-Harness Rules. FACTS
(3.) Briefly stated facts of the present case are that the mother of the petitioner Smt. Vimla Devi was working on the post of Peon in Jal Nigam, Varanasi. She died on 31.10.2014. Petitioner is a married daughter of the deceased Vimla Devi. She has filed this writ petition with the allegation that she is a divorced lady and, therefore, in view of the Division Bench Judgement of this Court in Writ - C No.60881 of 2015, Smt. Vimla Srivastava Vs.State of U.P. and another, she is entitled for appointment on compassionate ground. It is alleged that after the death of her mother her husband filed a divorce petition No.813 of 2014 on 20.11.2014 in Family Court, Azamgarh. However, despite being asked repeatedly, learned counsel for the petitioner could not inform about further development in the aforesaid divorce petition and its present status. In the writ petition also there is no averment in this regard except that a divorce petition No.813 of 2014 was filed by her husband . Submissions;


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