B.L.Yadav, J. - (1.) Whether social and beneficial legislation in case of some incongruity has to be interpreted so as to advance the dominant purpose of the statute is the short but significant question that falls for our determination in this petition filed by the second wife (Smt. Vimla Devi) of Sri Ram Sumer a class IV employee of the respondent, who died in harness. The relief sought is for a writ of certiorari and mandamus, quashing the impugned order and directing the respondent U.P. State Electricity Board to appoint her in place of her deceased husband Ram Sumer Petrol-Man in Obra Plant Division, Obra under the provisions of Rule 5 of the U.P. State Electricity Board Employment of the Dependents of Employees Dying in Harness Rules, 1975 (for short the Rules).
(2.) The facts are these. One Ram Sumer Petrol-Man was employed in the U.P. State Electricity Board as a class IV employee. He has Smt. Tapeshwari Devi as first married wife and1 Smt. Vimla, petitioner as second wife who lived with the deceased as his wife- and from their union Km. Urmila Devi, a daughter was born. Even though it was contended on behalf of the respondent that petitioner was not legally wedded wife of the deceased but as she In ed with the deceased as his wife for a number of years and has been accepted as wife by the society, and other family members and relatives hence we have no option but to decide the petition assuming her to be second wife.
(3.) It has been admitted in Para 11 of the supplementary counter-affidavit filed by Sri D. N. Chaurasia, Assistant Engineer in Obra Hydel Plant Division, on behalf of respondents that the petitioner (the second wife) was paid half of the amount payable to the widow of the deceased employee as guardian of Km. Urmila as per Court's order. The relevant portion about the payment to the petitioner (as second wife) and her daughter are set out; - "Both the petitioner and Smt. Tapeshweri Devi were asked to submit clearance certificate but none of them have submitted clearance certificate from the Executive Engineer (Civil), Executive Engineer, (Hydel), Obra Plant Division in respect of the house in their occupation and the electricity bills, which as per rules must be submitted before the final settlement of payment of dues is made to the persons entitled to receive the money on behalf of the deceased. It is reiterated that petitioner is to be paid half amount only for her being custodian and guardian of Km. Urmila Devi as per Court's order. The amount already paid to both of them was Rs. 1590 in May, 1985 on equal basis i. e. Rs. 795 to each of them was paid. Out of the said amount of Rs. 1590 which was in respect of G. P. F., while the amount of group insurance scheme being a sum of Rs. 12,835 too has been paid on 22nd June, 1987. Apportionment of the above amount has been done equally between them as a result each has got a sum of Rs. 6417. Most of the amount payable to them by was of the dues of provident Fund and gratuity shall be paid only when the clearance certificate in respect of the house accommodation in their possession is submitted by them. It is reiterated that payment of half of the amount of provident Fund and group Insurance late Sri Ram Sumer was made to the petitioner in pursuance of the order made by the District Judge, mentioned above.";