WPSS/670/2021
2021 Latest Caselaw 3252 UK

                Office Notes,
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      Date                                       COURT'S OR JUDGES'S ORDERS
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                                  MCC No. 4 of 2021
                                  In
                                  WPSS No. 670 of 2021
                                  Hon'ble Sharad Kumar Sharma, J.

(Through Hybrid Mode)

Mr. B.M. Pingal, Advocate for the petitioner. Mr. V.D. Bisen, Brief Holder for the State of Uttarakhand.

Mr. Yogesh Kumar Pacholia, Advocate for the review applicant.

The petitioner claiming herself to be the legally wedded wife of late Mr. Rajendra Singh Bisht, had preferred this Writ Petition, for a grant of writ of mandamus, directing the respondents to consider, the claim of the petitioner for compassionate appointment under the Rules of 1974.

This Writ Petition was disposed of by this Court, by the judgment of 18th June, 2021, wherein, while deciding the Writ Petition, this Court has specifically observed while dealing with the factual narration of facts, which has been pleaded by the petitioner in the Writ Petition and the Court has precautionarily observed that this Court, would not be expressing any opinion on the merits of the matter and the entire issue was left open for the respondents to be considered and decide the claim of the petitioner for grant of compassionate appointment, on its own merits.

It is this judgment, which has been sought to be reviewed by the present applicant, Smt. Ana Devi, aged 61 years, wherein, she has contended that rather she was the legally wedded first wife of the deceased Rajendra Singh Bisht, hence, her right would be affected in pursuance to the judgment, which has been sought to be reviewed.

If the Review Application, itself is taken into consideration, this Court is not in agreement with the pleadings raised by the applicant, where she contends her status as to be the legally wedded wife of late Mr. Rajendra Singh Bisht, which has been based on the notorised affidavit, because that would exclusively fall to be within the domain, to be considered by the regular Civil Court, even if the applicant contends that the will was allegedly executed in her favour by the deceased.

On this pretext, the judgment in itself cannot be reviewed at the behest of the applicant, who is not even the party to the Writ Petition, and not a proven wife recorded in the service records.

Hence, the Review Application is dismissed, leaving it open for the applicant to get her rights determined, if at all, sustainable in the eyes of law before the regular competent Civil Court.

(Sharad Kumar Sharma, J.) Dated 24.08.2021 Shiv