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2008 Supreme(All) 2061

RAJIV SHARMA
SHEHNAZ BANO – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
B.D. Mandhyan and Satish Mandhyan for the Petitioner; R.K. Tripathi, R.S. Mishra, Rudreshwari Prasad, P.D. Tripathi, S.C. for the Respondents.

JUDGMENT

Hon’ble Rajiv Sharma, J.—Heard learned counsel for the petitioner and learned Standing Counsel.

2. The present writ petition has been filed by the wife of Tufail Ahmad for a direction to the competent authority to consider her case for compassionate appointement against a post of Category IV and for quashing the communique/order dated 23.2.2001, passed by the Secretary, Basic Shiksha Parishad.

3. Factual matrix of the case are that deceased Tufail Ahmad had solemnised marriage with Smt. Qamar Jahan and out of the said wedlock, three children were born, i.e. two sons and a daughter. Smt. Qamar Jahan wife of Tufail Ahmad died on 14.3.1973. Thereafter, late Tufail Ahmad married the present petitioner and was blessed with ten children. Mohammad Azmal (respondent No. 4) and his brother, who are the sons of Tufail Ahmad from the first wife, started living separately and respondent No. 4 started doing the business of fruits. The daughter born out of the wedlock from the first wife was got married by the deceased in his life time. Tufail Ahmad husband of the petitioner expired on 13.11.1999 leaving behind the petitioner and ten children. A succession certificate was also obtained by






































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