WPSS/2471/2019
2022 Latest Caselaw 312 UK

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                                     WPSS No.2471 of 2019
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Shakti Singh, Advocate, for the petitioner.

Mr. N.P. Shah, Standing Counsel, for the State of Uttarakhand.

The petitioner is the son of the second wife of the deceased employee, whose claim for compassionate appointment which has been rejected by the respondents on the ground, that in the service records, the name of the second wife has not been recorded, but the contention of the petitioner is that the said discrimination for the purposes of compassionate appointment runs contrary to the judgments of the Hon'ble Apex Court, where in the light of the provisions contained under Article 14 of the Constitution of India, the right of the claim was to be considered for appointment on compassionate ground and has to be accorded to the issues from the second marriage.

Owing to the principles attracted from the provisions contained under Section 16 of the Hindu Marriage Act, but before venturing into the merits of the matter, I am of the view that the first wife is required to be made as a party to the writ petition, who could better place on record the facts.

Learned counsel for the petitioner is permitted to implead the first wife of the deceased employee. He may file an appropriate application within a period of ten days.

List this writ petition thereafter.

(Sharad Kumar Sharma, J.) 21.02.2022

NR/