- (1.) MOHD . Asif Khan, Learned Counsel for the appellant is appearing in the matter probono, after getting the allotment of brief from Legal Aid Committee, to represent Smt. Raman Pandey -the appellant. Shri R.P. Singh appears for the respondent.
(2.) THIS intra court special appeal under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 arises out of judgment of learned Single Judge dated 5.4.2006 by which the writ petition was allowed with directions to the Principal Chief Conservator (Forest) U.P. Lucknow to consider the case of Shri Rajesh Kumar Pandey -the petitioner -respondent No. 1 for appointment under dying in harness rules, on the death of his father late Shri Jayanti Prasad in harness. Brief facts giving rise to this writ petition are that late Jayanti Prasad was posted as Forester in Ramnagar Range in District Basti. He died in harness on 19.7.2001. After his death Shri Rajesh Kumar Pandey, the petitioner -respondent No. 1 claiming to be son of Shri Jayanti Prasad and Savitri Devi filed an application for appointment on compassionate ground. His application was not decided for a long time. He was, thereafter, informed by the office of the Chief Conservator Forest, U.P. that one Smt. Raman Pandey has claimed to be legally wedded wife of late Shri Jayanti Prasad.
(3.) THE petitioner, thereafter, moved an application before the authorities stating that his mother Smt. Savitri Devi was the legally wedded wife of late Jayanti Prasad. The marriage had taken place in accordance with the Hindu rites and that late Jaynati Prasad had never divorced Smt. Savitri Devi. His second marriage to Smt. Raman Pandey was illegal and void under Section 11 of the Hindu Marriage Act, 1955.;