BILQUIS JAHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ghaus Beg, learned counsel for the petitioner, learned Standing Counsel for for the respondents no.1 and 2, Sri Namit Sharma, learned counsel for respondents no.3 and 4, Sri Amit Chandra, learned counsel for respondent no.8 and perused the record.

(2.) The present writ petition has been filed challenging the appointment of respondent no.8 dtd. 27/1/2006, annexure no.1 to the writ petition.

(3.) The facts as stated in the writ petition are that petitioner's husband late Jameel Ahmad was a permanent employee on the post of Bhisthi in Nagar Nigam,Lucknow. He died on 24/6/2002 during the tenure of service, leaving behind his wife-Smt. Bilquis Jahan.The petitioner moved an application on 16/7/2002 for making compassionate appointment under The U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (hereinafter referred as 'Rules,1974'). One Chhoti/opposite party no.8 alleging herself to be the second wife of late Jameel Ahmad also moved an application for the appointment on compassionate ground. The Zonal Health Officer, Zone-1 Nagar Nigam, Lucknow issued an order on 22/11/2002, directing the opposite party no.8 to produce succession certificate in the office after obtaining from the competent court. The opposite party no.8/ Smt. Chhoti filed a Misc. Case No.23 of 2003 (Smt. Chhoti Vs. Estate of Late Jameel Ahmad) under Sec. 372 of the Indian Succession Act,1925 in the Court of Civil Judge Mohanlalganj (Senior Division) Lucknow. However, neither the competent court issued succession certificate in favour of Smt. Chhoti nor the legal heir certificate was issued by District Magistrate, Lucknow still she obtained an appointment order dtd. 27/1/2006 on compassionate ground under Rules 1974 in Nagar Nigam Lucknow. At the relevant time one Santosh Kumar, Upper Nagar Aayukt, Nagar Nigam was officiating as Nagar Aayukt, Nagar Nigam,Lucknow when the impugned appointment order dtd. 27/1/2006 was issued in favour of respondent no.8/Smt. Chhoti.