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Judgment
Harpreet Singh Brar, J
Prayer in this writ petition filed under Article 226 of the Constitution of India, is for issuance of a writ in the nature of mandamus, directing the respondents to give compassionate appointment or compassionate financial assistance to the petitioner in view of the Notification dated 02.08.2019.
Learned counsel for the respondents/Corporation, at the outset, submits that the petitioner claims to have married the deceased employee, one month prior to his death in a Temple. The petitioner is seeking compassionate appointment on the basis of her marriage with deceased employee. Further the son and mother of the deceased employee have already set up a claim with regard to retiral benefits of the deceased employee and a succession certificate has been issued in their favour by the competent Court of jurisdiction. Further the validity of the petitioner’s alleged marriage with the deceased employee involves disputed questions of fact, which cannot be adjudicated by this Court in writ proceedings. The petitioner has to invoke an appropriate remedy before the appropriate forum for the redressal of her grievance.
The case has been called twice since morning and despite that there is no representation on behalf of the petitioner. It appears that neither the petitioner nor his counsel is interested in pursuing the present petition.
In view of the above, having left with no other option, present petition is dismissed for non-prosecution.