Asif Ali v. State of U.P. and Another

Court No. - 34 Case :- WRIT - A No. - 17683 of 2023 Petitioner :- Asif Ali Respondent :- State of U.P. and Another Counsel for Petitioner :- Navneet Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J.

¶1Heard learned counsel for the parties.

¶2By means of this petition filed under Article 226 of the Constitution of India, petitioner claims compassionate appointment on the basis of registered Will.

¶3Learned Standing Counsel submits that by virtue of registered Will petitioner may succeed the properties of the deceased/testator but cannot become nominee in service records for service benefits. Further the execution of the Will and the properties bequeathed can be obtained through common law remedy whereas the compassionate appointment is offered to a person who is dependent of the deceased. By virtue of a registered Will the beneficiary cannot become dependent member of the family of the deceased/testator.

¶4Having heard learned counsel for the parties and having perused the records, I find force in the argument advanced by learned counsel for the respondents that by virtue of registered Will petitioner may succeed the property but he cannot become the member of the family of the deceased employee so as to claim compassionate appointment under the rules framed for compassionate appointment to the dependent family of the deceased.

¶5Petition is thoroughly misconceived and is accordingly dismissed, consigned to records.. Order Date :- 18.10.2023 Deepika High Court of Judicature at Allahabad