V.K.SHUKLA, J. - (1.) FATHER of petitioner late Jamshed Khan had been performing and discharging duties as Registration Clerk in the office of Sub-Registrar, Saharanpur. It has been stated by petitioner that her father moved a application on 19.11.1974 before the District Registration Officer, seeking permission for second marriage as per Muslim Law. With the consent of his first wife, father of petitioner remarried Smt. Rashida Begum as per Mohammedan Law. It has been contended that due information was given to the authorities concerned on 26.12.1974. Petitioner has stated that with the passage of time, her father suffered from cancer and ultimately died on 9.10.1998. Petitioner has contended that she is physically handicapped child suffering from Polio; after death of her father she applied for grant of compassionate appointment, and thereafter her claim has been rejected by Additional Inspector General of Registration (Department) U.P. Allahabad. At this juncture present writ petition has been filed.
(2.) COUNTER -affidavit has been filed, wherein stand has been taken that during life time of first wife; second marriage amounts to misconduct under Rule 29 of Conduct Rules, 1956, as such second marriage was illegal. It has been accepted that on account of order dated 28.8.1998 passed by Civil Judge, post death benefits have been distributed in between both the wives. It has further been contended that petitioner does not fall within the purview of dependent under the provisions of U.P. Dying in Harness Rules, 1974 as such claim of petitioner has been rejected. To the said counter-affidavit rejoinder affidavit has been filed and therein the averments made in counter-affidavit have been disputed and that of writ petition have been reiterated. After pleadings mentioned above have been exchanged, present writ petition has been taken up for final hearing and disposal with the consent of the parties.
(3.) LEARNED Counsel for the petitioner, contended with vehemence that in the present case totally unsustainable view has been taken by the Additional Inspector General of Registration, U.P. ignoring this important aspect of the matter that under Mohammedan Law second marriage was not prohibited and the child in question was legitimate one, and in this view of the matter incorrect view has been taken and the object of providing compassionate appointment has been sought to be frustrated, as such impugned order is unsustainable and is liable to be quashed.;