ANARKALI Vs. SIYAWATI

JUDGEMENT

(1.) Heard, Sri Alok Kumar Mishra alongwith Sri Manoj Kumar Shukla, learned counsel for the appellants, Sri Mohd. Ali, learned counsel for the respondent no.1 and Sri Rajnish Maurya, Advocate holding brief of Sri Ankit Srivastava, learned counsel for the respondent no.2. None appeared on behalf of the respondent no.3, despite sufficient service.

(2.) This second appeal, under Sec. 100 of Civil Procedure Code(hereinafter referred to as CPC), has been filed against the judgment and decree dtd. 5/3/2010 passed by the Additional District Judge, Court No.7, Raibareli in Civil Appeal No.86/2009; Smt.Siyawati versus Smt. Anarkali and others, by means of which the appeal has been allowed and the judgment and decree dtd. 29/7/2009 passed by the Civil Judge(S.D.), Court No.14, Raebareli in Regular Suit No.411/2002; Siyawati versus Anarkali has been set aside and the suit of the plaintiff-respondent no.1(hereinafter referred to as the respondent no.1) has partly been decreed and the declaration has been made that the respondent no.1-Siyawati is legally wedded wife of Late Rampal son of Shiv Balak. For rest of the reliefs, the suit of the respondent no.1 has been dismissed with cost. The claim of the defendant-appellant(hereinafter referred to as the appellant) has also been dismissed with cost.

(3.) The husband of the appellant, Late Rampal was working on the post of peon in Baiswara P.G. College. He died-in-harness on 20/10/1999. The respondent no.1, claiming herself to be the wife of Late Rampal, obtained the succession certificate from the office of the District Magistrate, Raibareli on 25/11/1991. On the basis of the said certificate, she got compassionate appointment on 19/10/2000 in the defendant-respondent no.3 institution(hereinafter referred to as the respondent no.3). The appellant preferred Misc. Case No.76/2000; Anarkali versus Public in General for issuance of succession certificate for release of G.P.F. amount to the tune of Rs.85, 642.00 and the amount deposited in Saving Bank Account of her husband Late Rampal in the defendant-respondent no.2 Bank(hereinafter referred to as the respondent no.2) to the tune of Rs.5674.00, which was allowed by means of the order dtd. 26/11/2000. The respondent no.1 moved application under Order 1 Rule 10 C.P.C. in the said succession suit, which was rejected on 22/12/2001. Thereafter, the respondent no.1 filed Regular Suit No.411 of 2002 for declaration to the effect that she be declared the legally wedded wife of Late Rampal and therefore entitled for the G.P.F. amount as well as the amount deposited in the saving bank account of the deceased in State Bank of India, Lalganj Branch. A further declaration was sought to the effect that order passed in Misc. case No.76/2000; Anarkali versus Public in General on 26/11/2001 is null and void alongwith consequential prayer. The appellant, after putting appearance in the suit, filed a written statement denying the averments made in the plaint. She further filed a counter claim for declaration to the effect that the compassionate appointment of the respondent no.1 on 19/12/2000 in the respondent no.3-College as wife of Late Rampal be declared null and void alongwith consequential prayer. The respondent no.3 also filed its written statement admitting that the respondent no.1 has been given appointment on compassionate ground on the basis of succession certificate issued from the District Magistrate, Raebareli. It has also been admitted that the respondent no.1 and the appellant both had applied for the compassionate appointment.