S.N.SRIVASTAVA, J. - (1.) BY way of this petition petitioner prayed for quashing the order dated 29 -8 -2002, Annexure -5 to the writ petition passed by Opp. Party No. 2 appointing Opp. Party No. 3 on compassionate ground on death of late Prem Lal and further prayed to direct Opp. Party Nos. 1 and 2 to appoint the petitioner as Class IV employee on compassionate ground under Dying in Harness Rules in place of his father.
(2.) SRI Prakash Chandra Srivastava filed counter affidavit on behalf of Nagar Palika Parishad, Jaunpur. He made statement before this Court that U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 has been adopted by the Nagar Palika Parishad, Jaunpur and the appointment under the Dying in Harness is governed by the same. Learned Counsel for the petitioner urged that his father Prem Lal died in harness and he being the son and one of the dependent is entitled to e considered for appointment under the Dying in Harness Rules. He further urged that Smt. Sundari Devi mother of the petitioner is still alive and Opp. Party No. 3 who is claiming herself to be widow of Prem Lal father of the petitioner cannot be recognized in law as widow. Opp. Party No. 2 erred in law in passing orders for appointment in favour of Opp. Party No. 3 treating her as widow and dependent of Prem Lal without considering claim of the petitioner and his other brothers.
(3.) IN reply Sri Prakash Chandra Srivastava, learned Counsel appearing for Nagar Palika Parishad, Jaunpur, urged that Prem Lal Son of Bakreedu Lal was Muslim. He married Smt. Chanda Devi after divorcing his first wife Smt. Sundari Devi Nagar Palika Parishad rightly passed orders for appointment of Smt. Chanda Devi the widow of Prem Lal. The order appointing Opp. Party No. 3 was rightly passed by Opp. Party No. 2 in accordance with law on the basis of the service records of Nagar Palika Parishad.;