RAM KUMAR SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard.

(2.) This is a writ petition under Art. 226 of the Constitution of India challenging an order dated 11.2017 passed by the Commandant 35th Battalion, P.A.C., Lucknow, rejecting the claim of the petitioner to compassionate appointment relying upon a judgment of a Single Judge Bench of this Court dated 11.10.2013 rendered in Writ Petition No. 107365 of 2003, Ramesh Chandra Vs. Power Corporation Ltd., on the ground that in view of the said judgment Agreement between two alleged widows of the deceased cannot be the basis for granting compassionate appointment. The impugned order also refers to some other decision dated 5.4.2006 rendered in the case of Rakesh Kumar Pandey Vs. State of U.P., details thereof are not referred. The impugned order also refers to Rule 29 of U.P. Government Servants Conduct Rules 1956 (hereinafter referred as 'Act 1956') which, according to the Commandant, says that second marriage during subsistence of first one renders the subsequent one invalid.

(3.) Validity of the impugned order is to be seen from the reasons mentioned therein, therefore, on the basis of the facts which are mentioned therein itself the writ petition can be disposed of considering the legal position, as such there is no need to call for a counter affidavit.