Rakesh Tiwari - (1.) -Heard counsel for the parties and perused the record.
(2.) LATE Madan Prasad Gupta was appointed on 5.1.1979, as a Lekhpal in Tehsil Farenda, district Maharajganj. Petitioner No. 1 is wife of late Madan Prasad Gupta who died on 1.3.1998. Petitioner No. 2 is his son. It is alleged that being legal heir and representative of the deceased petitioner No. 1 submitted a representation to the Collector, Maharajganj for payment of his retiral benefits but no action was taken by the respondents and neither the pension nor the retiral benefits of the deceased were released to the petitioners except a sum of Rupees 15,305 on 7.12.1993 as the arrears of revised pay scale due to late Madan Prasad Gupta. Aggrieved by the aforesaid situation the petitioners filed Civil Misc. Writ Petition No. 31869 of 1999 for a writ of mandamus commanding the respondent No. 2 to release the family pension and other retiral benefits and further to appoint the petitioner No. 2 under the U. P. (Recruitment of Dependents of Government Servants) Dying in Harness Rules, 1974. The writ petition aforesaid was disposed of by order and judgment dated 2.8.1999, directing the Collector, Maharajganj to release the family pension and other benefits which may be due in favour of the petitioner if permissible under rules and to also consider the question of appointment of the petitioner No. 2 within a period of two months from the date of production of certified copy of the order. In pursuance of the judgment and order dated 2.8.1999, the petitioner submitted represen-tation along with a copy of judgment and the copy of the writ petition on respondent Nos. 2 and 3. The representation of the petitioner was rejected by respondent No. 2 vide order dated 3.3.2000. Aggrieved by the order this petition has been filed praying that appropriate orders for payment of all the retiral benefits as well as of the petitioner No. 2 may be ordered by this Court.
(3.) FROM the perusal of the impugned order it appears that one Sri Parmeshwar Sahai had filed a complaint against late Madan Prasad Gupta stating that he had not passed High School Examination. Late Madan Prasad Gupta was suspended on 11.12.1997 and expired on 1.3.1998, i.e., within about 2 and 1/2 months of the order of suspension. A report was, therefore, submitted to the effect that appointment of Madan Prasad Gupta since deceased was doubtful as his dependents could not produce the High School certificate of the deceased. The relevant extract of the report is as under : ...[VERNACULAR TEXT OMMITED]... The services of Lekhpal are governed by Lekhpal Service Rules, 1958 framed under proviso to Article 309 of the Constitution of India. Rule 8 of the rules regarding the qualification is quoted below : "The minimum educational qualification shall be Hindustani Middle or Junior High School Examination.";