Chiluka Rajani And 2 Others vs P Manikyamma And 5 Others
2021 Latest Caselaw 4071 Tel

  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.

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