R.R.K. Trivedi, J. - (1.) In this petition, counter and rejoinder affidavits have been exchanged.
(2.) Both the learned counsels have agreed that this writ petition may be disposed of finally at this stage. The facts giving rise to this petition are that the husband of petitioner No. 1 and father of petitioner No. 2 late Shri Laxmi Dutta Malviya was serving as Principal in Government Normal School, Didihat, District Pithoragarh. Shri Malviya while in service died on 11.5.1980 leaving behind petitioner No. 1 as widow, Shakti Dutta Malviya and Hari Dutta Malviya (petitioner No. 2) as sons and two daughters.
(3.) After the death of Laxmi Dutta Malviya, the eldest son Shakti Dutta Malviya was given employment as Routine Grade Clerk in the Office of the Director of Education (Secondary) U.P. Allahabad by order dated 29.7.1981. The order of the appointment has been filed as Annexure-I1 to the writ petition. Under this appointment, Shakti Dutta Malviya has worked upto 22.10.1990. However, unfortunately, at the age of 39, he died on 23.10.1990.;