The court established that a marriage remains valid during divorce proceedings unless formally annulled, impacting the eligibility for compassionate appointment.

O R D E R

Heard learned counsel for the applicant, learned counsel for the respondent nos. 1 to 4, learned counsel for the respondent no. 5 and perused the records.

2. Challenge in this OA is the order dated 21.01.2022 passed by Respondent Department whereby prayer for compassionate appointment of the applicant has been rejected.

3. Tersely put, the case of the applicant is that applicant is legally wedded wife of Shivesh Trivedi, deceased employee of the respondent department. Marriage of the applicant with deceased Shivesh Trivedi was solemnized on 24.02.2011 in accordance with Hindu rights and rituals. Some marital dispute arose with applicant and deceased employee after marriage. Due to which deceased employee Shivesh Trivedi filed a suit on 25.04.2012 under Section 13 of Hindu Marriage Act before the Civil Judge (Sr.Div.), Court No. 1, Raibareilly for divorce. During subsistence of divorce proceedings Shivesh Trivedi died while in service. After the death of Shivesh Trivedi, divorce petition was dismissed by the Court. On account of being legally wedded wife of Shivesh Trivedi, deceased employee of the respondent department, applicant moved representation before the competent authority for compassionate appointment, which was illegally and arbitrarily rejected.

Hence, this O.A.

4. Respondent Nos. 1 to 4 by filing their counter affidavit have, inter- alia, stated that applicant was got married to Shivesh Trivedi on 24.2.2011 but after some time she had a dispute with her husband and she came back to her parent’s house, after which she filed two suits before Chief Judicial Magistrate Court, Raebareli. After some time, a compromise was reached between the applicant and her husband Shivesh Trivedi on 17.07.2021. Applicant received Rs. 485000/- as maintainence from Shivesh Trivedi and mutually agreed to leave her husband and also stated that Shivesh Trivedi is free to marry with other girl and will not demand anything in future. On the basis of this, both the complaints were closed on 23.11.2017 and 28.11.2017 by Criminal Court. Therefore, applicant cannot be considered as an actual dependent of deceased employee and accordingly the claim of appointment on compassionate ground to maintain the socio economic status cannot be considered as bonafide claim despite being legal widow.

Order is perfectly legal.

5. Respondent No. 5 by filing her objection against OA averred that without challenging the order dated 21.01.2022, whereby her claim has been rejected, OA is not maintainable and further averred that applicant and deceased employee have entered into a divorce decree and consented to stay away from each other having no relation of husband and wife, applicant has no right to claim the compassionate appointment as legally wedded wife.

6. Applicant by filing rejoinder affidavit reiterated the averments made in the Original application, however, pleaded that Madhuri Trivedi (Respondent No. 5) has no locus to seek a claim for appointment on compassionate appointment ground because she is not legally wedded wife of Late Shivesh Trivedi while applicant and her husband’s marriage still survived because divorce decree of the competent court has not been passed. Further stated that it is very surprising that departmental legal opinion is that the applicant and her husband’s divorce has not been done because competent court has not passed decree of divorce, this is itself stand of the department, even then the department has rejected the claim of the applicant.

7. Submission of the learned counsel for the applicant is that deceased employee Shivesh Trivedi died w