Smt. Sunita vs Sri Sanjay Agarwal ...
2021 Latest Caselaw 1141 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4411 of 2016
 

 
Applicant :- Smt. Sunita
 
Opposite Party :- Sri Sanjay Agarwal U.P.S.E.U.N.L. And 2 Others
 
Counsel for Applicant :- Siddharth Khare,Santosh Kumar Srivastava
 
Counsel for Opposite Party :- S.C.,Abhishek Srivastava
 

 
Hon'ble Suneet Kumar,J.

Heard learned counsels for the parties.

The writ court allowed the Writ Petition (Writ-A) No. 17854 of 2016 vide order dated 03.05.2016. Operative portion of the order read, thus:

"Facts of the present case are identical and the question raised is covered by the adjudication made in the writ petition aforesaid. Following the ratio laid down by the Division Bench of this court in the case of Smt. Vimla Srivastava Vs. State of U.P. and another in Writ Petition No. 60881 of 2015 as well as order passed in Writ Petition No. 43497 of 2015, this writ petition succeeds and is allowed. Order dated 3.3.2016 is set aside. A direction is issued to the respondents to reconsider the petitioner's claim for grant of compassionate appointment, keeping in view the aforesaid judgment, within a period of 3 months from the date of presentation of certified copy of this order."

Pursuant thereto, the opposite party vide order dated 03.11.2020 considered the claim of the petitioner, a married daughter of deceased employee, and rejected her claim for compassionate appointment on the ground that substantial financial assistance towards family pension and other retiral dues has been rendered to the family, therefore, as per the decision of the Full Bench of this Court, is not entitled to compassionate appointment.

In view thereof, this court in contempt jurisdiction would not enter into the merit of the order passed by the opposite party.

Petition is consigned to record.

Notices are discharged.

It will be open to the applicant to challenge the order in accordance with law, if so advised.

Order Date :- 19.1.2021

P. Sri.