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2001 Supreme(All) 726

A.K.YOG
KUSHUM DEVI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Rakesh Kumar Shukla

A. K. YOG, J.

( 1 ) HEARD learned counsel for the petitioner and learned standing counsel representing respondent nos. 1 and 2.

( 2 ) THIS, writ petition is being heard finally and decided under the Rules of the Court as also agreed by the counsels for the parties.

( 3 ) PHOTO-COPIES of the certified copies of the papers relating to Original Suit No. 89 of 2000, smt. Kushum Devi v. Arun Kumar Sen, under Section 13 of Hindu Marriage Act, show that the petitioner, who is daughter of late Bhagwat Prasad, was married to one Arun Kumar Sen and the said marriage has been dissolved by a decree of divorce dated 17. 12. 2000 under Section 13 of the Hindu Marriage Act. There is nothing on record to show that petitioner has remarried.

( 4 ) FATHER of the petitioner Bhagwat Prasad, employed in the respondents office at Jhansi, died on 11. 11. 1999 leaving behind his widow who submitted an application on 18. 1. 2001 for giving compassionate appointment to her daughter, the present petitioner (Annexure-1 to the writ petition) to the Commissioner and Director, U. P. Industry Department, Kanpur, who forwarded the same to the General Manager for consideration under relevant dying-in-Harness Rules f











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