AKHILESH TIWARI SRI RAJ KUMAR TIWARI Vs. STATE OF UTTAR PRADESH SECRETARY OF HEALTH GOVERNMENT UTTAR PRADESH

JUDGEMENT

(1.) These two writ petitions are in respect of an engagement on the post of Ward boy in the Primary Health Centre at Amuwari, Narainpur, Azamgarh. on compassionate basis. The petitioner -Akhilesh Tiwari claims himself to be the son of Late Kaushalya Tripathi, who died-in-harness on 19.7.2005. He sought appointment on compassionate basis and was, accordingly, appointed as such. The petitioner's sister Smt. Hem Lata Devi has filed the other writ petition alleging therein that Sri Ahiklesh Tiwari is not the real brother of the petitioner and is rather the son of his uncle who has manipulated documents to obtain the appointment on compassionate basis, Sri Akhilesh Tewari has prayed for quashing of the order dated 1.2.2006 in Writ Petition No. 24728 of 2006 whereby his salary has been withheld and has been restrained from discharging his duties.

(2.) It is admitted to Sri Hem Lata Devi that she is married but she contends that she has been deserted by her husband and in view of this, it was she, who was entitled for the benefit of compassionate appointment against the post. It is alleged that a divorce decree has also been granted by a competent court and in these circumstances, she was entitled for being considered. It is further alleged that Akhilesh Tiwari succeeded in getting appointment without there being any decision on the representation moved by her.

(3.) Replying to the aforesaid contentions, learned Counsel for Sri Akhilesh Tiwari contendsjhat the petitioner - Smt. Hem Lata Devi in Writ Petition No. 53990 of 2005 had concealed and had misrepresented facts so as to obtain the interim order and further she failed to disclose the fact that her representation had already been rejected. It is urged that on this conduct, the writ petition filed by Smt. Hem Lata Devi deserves to be dismissed.