THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE N. TUKARAMJI
W.A.No.865 of 2019
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
21.08.2019 passed by the learned Single Judge in W.P.No.46926 of
2018.
The undisputed facts of the case reveal that the writ petition
was preferred by Smt. P. Manikyamma, respondent No.1 in the
present writ appeal, stating that her husband was a Government servant and after the death of her husband, she was entitled for terminal dues as well as compassionate appointment. The learned Single Judge has disposed of the matter directing the respondent authorities to consider her representation. Now, the present writ appeal has been filed by the divorced wife and two daughters claiming terminal dues as well as compassionate appointment.
The factum of second marriage is in dispute and therefore, as stated by the learned counsel for the parties, the matter can be resolved by permitting the parties to approach the Civil Court and obtain a succession certificate.
Therefore, the parties shall be free to approach the Civil Court and obtain a succession certificate. It is needless to mention that the respondent authorities shall consider the application for grant of compassionate appointment as well as terminal dues, only after the succession certificate is submitted by the parties.
With the aforesaid, the writ appeal stands disposed of. 2 Pending miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.
___________________________ SATISH CHANDRA SHARMA, CJ _______________________ N. TUKARAMJI, J 01.12.2021 JSU