RAMESH CHAND Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) The main question involved in this appeal revolves around exercise of writ jurisdiction. The question is, should we, in exercise of our writ jurisdiction, direct the authorities to consider a claim for compassionate appointment of a dependent of a deceased employee, who had married for the second time during the life time of his first wife or decline the same.

(2.) One Satai (the Deceased) was the Petrol Man in the UP Power Corporation (the Corporation). Smt. Satina Devi was his wife. He did not have any children from her. He filed an application to grant him permission to marry again.

(3.) The Executive Engineer by the order dated 24.10.1978 granted permission to the Deceased to marry again. This was on the basis of agreement between the Deceased and Satina Devi as well as on the medical report that they cannot have any children. There was a caveat in the permission that in case any child was born from the first wife then his relation with the second wife would come to an end.