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Devendra Kumar Mishra v. State Of U.P. Thru' Secretary & Others - WRIT - A No. 12001 of 2007 [2007] RD-AH 3821 (7 March 2007)


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Court No. 39

Civil Misc. Writ Petition No. 12001 of 2007

Devendra Kumar Mishra


State of U.P and others

Hon'ble V.K.Shukla,J.

Petitioner claims that his brother late Askok Kumar Mishra @ Gullu Mishra who expired on 16.12.2004 was Class IV employee in S.S.I College Chandini Jalaun. Petitioner claims that late Askok Kumar Mishra @ Gullu Mishra was unmarried and at no point of time any marriage had taken place in between his late brother and Smt. Vineeta, respondent no. 3. Petitioner submits that by practicing fraud Smt. Vineeta respondent no. 3 has succeeded in procuring appointment as such District Inspector of Schools be directed to make inquiry in this respect.

Record in question reveals that inquiry was got conducted and therein City Magistrate, Orai made a note of the fact that the deceased late Askok Kumar Mishra @ Gullu Mishra in his G.P.F record has nominated Smt. Vineeta as his wife.

As far as this Court is concerned, this Court cannot advert to this factual controversy as to whether Smt. Vineet is legally wedded wife of late Askok Kumar Mishra @ Gullu Mishra or not as such factual controversy cannot be adjudicated in writ jurisdiction and the remedy of the petitioner lies in filing Civil Suit for declaration that Smt. Vineeta is not the legally wedded wife of late Askok Kumar Mishra @ Gullu Mishra and that she was not at all entitled to be offered appointment as she is not legally wedded wife. Prima facie there was some material in her favour as such she has been offered compassionate appointment.  

Consequently, as factual controversy has been sought to be raised which cannot be adjudicated in writ jurisdiction, writ petition is dismissed with liberty to file Civil Suit.

No order as to cost.




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