SAJAL SHARMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Bipin Bihari Pandey, learned Additional Chief Standing Counsel appearing for the State respondents.

(2.) The petitioner claims to be the son from the second wife of the late Mewaram Sharma who was working as a Class IV employee in the office of Tehsil Sadar, Agra (Nazarat Department). The said employee is stated to have died while in service on 30 Dec. 2016. Subsequent thereto, the petitioner moved an application on 14 Feb. 2017 claiming compassionate appointment. This application has been rejected by the District Magistrate holding that the second marriage of late Mewaram Sharma was void and therefore the petitioner would have no right to seek consideration of his appointment on compassionate ground. This finding, significantly, is recorded although the impugned order does record that no competing claims had been received.

(3.) Bearing in mind the nature of issues which had been raised in this writ petition and which were purely legal in character, Sri Bipin Behari Pandey, the learned Additional Chief Standing Counsel has agreed for the disposal of the writ petition without filing a counter affidavit at this stage since the consideration by the Court is confined to the question of whether the petitioner would be entitled to be considered under the 1974 Rules or not.