Shanti @ Shanti Devi v. The Union Of India And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21753 of 2013 ====================================================== Shanti @ Shanti Devi W/O Late Mathura Ram Resident of Village- Mangolapur, P.O.- Jalalpur Bazar, P.S.- Jalalpur, DistrictSaran (Chapra) ... ... Petitioner/s

Versus

1.

The Union of India, through Ministry of Defence, New Delhi 2.

The Ministry of Defense, 319-A.B Wing Sena Bhawan New Delhi Through its Secretary 3.

The Director (Establishment) Ministry of Defense, New Delhi 4.

The Under Secretary Ministry of Defense, New Delhi- 110011 5.

The Section Officer-Establishment- 1/Group-2, Ministry of Defense, New Delhi ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate Mr. Nagendra Upadhyay, Advocate Mr. Pranesh Kumar Arya, Advocate Mr. Girish Chandra, Advocate For Respondents :

Mr. N. A. Shamsi, A.S.G Mr. Anjani Kumar Sharan, CGC For Union of India :

Mr. Binay Kumar Pandey, CGC ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 29-11-2022 Petitioner has prayed for the following reliefs: "a) For issuance of a writ in the nature of Mandamus or any other appropriate writ /writs for commanding and directing the Respondent

Patna High Court CWJC No.21753 of 2013 dt.29-11-2022 2/3 authority the respondent authority concerned to direct the petitioner to appointed on compassionate ground for which she is liable in the interest of justice on appropriate post as her husband died in harness.

(b) For further commanding and directing the respondent authority Consider the case of petitioner in accordance with due process of law and get her appointed on stable post. so that she could maintain her family.

(c) For further commanding and directing the respondent authority to not make unnecessary and uncalled hindrance in making appointment of the petitioner on suitable post by way of compassionate ground and discharge her duty in accordance of law for which she is entitled. (d) For any other relief/ reliefs for which she is found legally entitled by this Hon'ble court in light of present circumstance of this case."

Learned counsel for the petitioner seeks permission to withdraw the present petition reserving liberty to approach respondent no.3 namely, The Director (Establishment) Ministry of Defense, New Delhi.

Liberty, as prayed for, is granted.

We have not expressed any opinion on merits. All issues are left open.

The present petition stands disposed of as withdrawn with the liberty aforesaid.

Patna High Court CWJC No.21753 of 2013 dt.29-11-2022 3/3 Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( Partha Sarthy, J) avinash/PKP AFR/NAFR CAV DATE Uploading Date 30.11.2022 Transmission Date