- (1.) HEARD Sri Amrendra Nath Tripathi, learned counsel for the petitioners, Sri Amit Singh Bhadauria, learned counsel for U.P. Power Corporation and Sri Akhilesh Pandey, learned counsel for opposite party no. 4.
(2.) PETITIONER No.1, Smt. Kamla Devi claiming herself to be the widow of late Gaya Prasad seeks compassionate appointment under the U.P. Recruitment of Dependents of Government Servant Dying in Harness Rules, 1974 as also the retiral benefits of the deceased Gaya Prasad Gupta.
(3.) A bare perusal of the record shows that one another lady, namely, Smt. Ramawati @ Rama Devi also claiming herself as wife of late Gaya Prasad has also instituted the writ petition being W.P.No.6539 (SS) of 2006 before this Court for issuing a writ of mandamus to give her compassionate appointment and also to release the retiral benefits in her favour. Both of them moved the applications under Section 372 of the Indian Succession Act before the learned Civil Judge ( Senior Division), Sultanpur which was registered as Miscellaneous Case No. 56 of 2001. Learned Civil Judge by means of order dated 15 th May, 2006 rejected the application submitted by Smt. Ramawati alias Smt. Rama Devi for issuance of succession certificate but awarded 1/6 share from the retiral benefits to one daughter, namely, Ms Pooja, born out of wedlock of deceased and Smt. Ramawati alias Smt. Rama Devi.;