O. P. Garg, J. - (1.) Two rival claimants of the retiral and other service benefits consequent upon the death of their alleged husband late Nand Kishore have filed these petitions under Article 226 of the Constitution of India with the prayer that a direction be issued to the Executive Engineer, Electricity Transmission Sub-Division, George Town, Allahabad-respondent No. 1 to release the entire amount in their favour and for offering an appointment under the U. P. Recruitment of Dependents of Government Servant (Dying-in-Harness) Rules, 1974 (hereinafter referred to as 'the Rules').
(2.) Put briefly, the facts governing the two petitions are that Nand Kishore was employed as a class-IV employee in the Electricity Board and at the relevant time, was working in the office of the Executive Engineer, Electricity Sub-Division, Electricity Transmission First, 57-George Town, Allahabad. He met with an accidental death due to electric shock on 12th May, 1990. Consequent upon his death, certain payments under the heads of General Provident Fund, Gratuity, Pension and other benefits as admissible under law, became due. Smt. Shakuntala Devi, who has filed Civil Misc. Writ No. 27291 of 1991 admittedly was the legally wedded wife of the deceased employee. Out of the wedlock, Km. Sangeeta, a female child took birth. Smt. Shakuntala Devi applied for the dues as admissible under the law. The departmental authorities required her to produce a certificate of succession, a copy of post-mortem certificate and a certificate about the date of death of the deceased. Smt. Shakuntala Devi furnished all the above documents. A succession certificate which was issued in her favour in Succession Case No. 271 of 1991 on 4.12.1991 by Civil Judge (Junior Division) was also obtained by her. An inquiry was made by the revenue authorities of the Tahsil and it was reported that Smt. Shakuntala and her daughter Km. Sangeeta were the only legal heirs left by the deceased employee-Nand Kishore. Before the payment could be released in favour of Smt. Shakuntala Devi, Smt. Bhawan Mati Devi, petitioner of Civil Misc. Writ No. 3058 of 1993 appeared at the scene and claiming herself to be the widow of the deceased employee required the department to release the benefits in her favour. The department obviously was in a quandary and when neither of the women was getting the payments released in her favour, they filed the present writ petitions for direction by this Court to the departmental authorities to release the payment in their respective favour.
(3.) Counter and rejoinder-affidavits have been exchanged.;