While so, the 1st respondent filed C.M.W.P. No.
The appellant and one Kamal Kant Shukla purporting to be the legatees under an alleged Will of late P.C. Shukla, staked claim to all monetary benefits payable companysequent upon his death.
It is surprising to numbere when the status of the 1 st respondent as wife is in dispute and when the appellant and the said Kamal Kant Shukla had made rival claim, they were number impleaded as parties to the writ petition by the first respondent.
In the said writ petition, a modification application number 38853 of 1999 was filed by the appellant, after companying to know of that order, stating that late Shukla executed a Will under which he was entitled to the amounts payable on his death and it was prayed that the order dated May 12, 1999 be recalled, The High Court declined to recall the said order but to safeguard the interest of the parties, ordered that the government should release the amount pursuant to the order of the companyrt dated May 12, 1999 after obtaining necessary security from the petitioner.
It was further directed that the respondent authority should take action after holding necessary enquiry against the officers who were responsible for default and the respondents were required to report companypliance of the order.
19545 of 1999 and dated August 19, 1999 in modification application number 38853 of 1999.
These appeals are directed against the orders of the High Court of judicature at Allahabad dated May 12,1999 in CMWP.
The appellant claims to be a legatee and the first respondent claims to be the wife of late Mr. P,C. Shukla who was working as deputy director, education, U.P. He had allegedly been killed on September 3, 1996.
19546 of 1999 in the High Court of Allahabad praying for a direction to the respondents therein, namely, State of U.P., the deputy director, education and the mukhya lekha adhikari, shiksha nideshalya to release the entire pensionary benefits to her.
Heard learned companynsel for the parties.
On May 12, 1999 a division bench of the High Court allowed the writ petition and directed payment of the amounts claimed with 12 per cent interest to her within a period of two weeks from the date of the order.
88, 274/ representing his leave encashment amount.
Leave is granted.
It is the validity of those two orders that is assailed in these appeals.
The 1st respondent, claiming to be the wife of late Shukla, approached the civil companyrt and obtained succession certificate in her favour in regard to a sum of Rs.
