Jayant Banerji, J. - (1.) By means of this Special Appeal, the appellant has challenged the judgement and order dated 7 February 2014 passed in Writ-A No.- 4970 of 2014 filed by the petitioner/respondent no. 5-Smt. Rekha Devi which has been disposed of with the consent of learned counsel for the parties with a direction the District Inspector of Schools, Jaunpur (hereinafter referred to as the 'D.I.O.S.') to take a decision with regard to claim of the petitioner for gratuity, pension and other retiral benefits strictly in accordance with law by a reasoned and speaking order. It has been provided in the order that before passing any order the D.I.O.S. shall also gave an opportunity of hearing to Smt. Seema Devi/appellant. The appellant has alleged concealment of material fact by the petitioner in the writ petition claiming to be the legally wedded wife of the deceased late Arvind Kumar Saroj.
(2.) The facts set out in the writ petition is that the petitioner is the legally wedded wife of late Arvind Kumar Saroj who was appointed as an Assistant Teacher in Jai Hind Inter College, Village Teji Bajar, Jaunpur. Arvind Kumar Saroj died in harness on 14 September 2011. By an order dated 3 November 2012 the D.I.O.S. gave an appointment to the petitioner under the Dying-in-Harness Rules as a peon. It was alleged that the appellant raised a claim for appointment under Dying-in-Harness Rules which was rejected by the D.I.O.S. by order dated 1 August 2013.
(3.) The petitioner, therefore, had filed the writ petition claiming release of the amount of gratuity, provident fund and pension in her favour and further for restraining the D.I.O.S. from releasing the gratuity, provident fund and pension in favour of appellant.;