Mithlesh Kumari vs State Of U.P. Thru Its ...
2018 Latest Caselaw 1375 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 29
 
Case :- SERVICE SINGLE No. - 5291 of 2013
 
Petitioner :- Mithlesh Kumari
 
Respondent :- State Of U.P. Thru Its Prin.Secy.Deptt.Of Home & Others
 
Counsel for Petitioner :- Hemant Kumar Mishra,Arti Ganguly
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Hemant Kumar Mishra, learned counsel for the petitioner and the learned Standing Counsel for the State-respondents.

By means of this writ petition, the petitioner who is the widow of late Krishna Kumar Verma, who was a Constable in the Uttar Pradesh Police, has filed the instant writ petition for getting appointment under Dying-in-Harness Rules.

Learned counsel for the petitioner has drawn attention of this Court towards Annexure No.3 to the writ petition, which is an order dated 25.10.2011 passed by the Superintendent of Police, District-Lakhimpur Kheri wherein it has been categorically indicated that the petitioner may be appointed under Dying-in-Harness Rules.  However, the petitioner has not been appointed till date under Dying-in-Harness Rules and she is facing hardship in looking after her children.

Learned Standing Counsel has however submitted that the petitioner is a second wife of late Krishna Kumar Verma and one of the sons of his earlier wife has raised objection and has requested that he be given appointment under Dying-in-Harness Rules.

Replying to the aforesaid submission, learned counsel for the petitioner has submitted that the children of earlier wife of her late husband are well settled and they have never raised any objection as stated in the counter affidavit, inasmuch had any objection been raised by them or anyone of them, the copy of the said objection/ application would have been annexed in the counter affidavit. Admittedly, no application for seeking appointment under Dying-in-Harness Rules or copy of the objection of the son/ sons of the first wife of late Krishna Kumar Verma has been annexed in the counter affidavit.

Looking into the grievance of the petitioner, the case be listed on 18.07.2018 within top ten cases.

On the said date, the counsel for the parties shall come prepared for hearing of the writ petition.  On the said date, the learned Standing Counsel shall produce the relevant records of the matter so as to verify as to whether any objection or application has been filed by any of the children of first wife of late Krishna Kumar Verma.

Order Date :- 5.7.2018

Suresh/

[Rajesh Singh Chauhan,J.]