- (1.) Heard learned counsel for the parties.
(2.) The petitioner herein is the wife of deceased Vivek Kumar Mishra who is said to have died in harness barely two and half months of the marriage with petitioner. The opposite parties 4 to 7 are the father, mother and sister of deceased. The opposite parties 4 to 7 had earlier filed a Writ Petition No. 3476 (SS) of 2015 which was decided on 18.06.2015 with a direction to consider the case of petitioner no.4 therein under rule 2(c)(iv) of the U.P. Recruitment of dependents of Government Servants Dying-in-Harness Rules, 1974 (hereinafter referred to as 'the Rules, 1974') with a further direction to clear the dues in favour of petitioners 1 to 3.
(3.) Apparently the said direction appears to have been issued under some misconception as if, the deceased was unmarried whereas on perusal of the record of the said writ petition it is revealed that in paragraphs 8 and 9 of the writ petition it was specifically stated that the deceased had been married with the petitioner herein namely; Smt. Vandana Mishra on 18.06.2016 and within two and half months of the marriage, the the death of her husband happened. Therefore, no benefit can be derived by the opposite parties 4 to 7 in pursuance to the directions contained therein, in view of admitted factual error mentioned therein unless the claim of all the claimant is considered in accordance with the relevant Rules.;