BASANT LAL Vs. CHAIRMAN NAGAR PALIKA PARISHAD JAUNPUR

JUDGEMENT

(1.) BY way of this petition petitioner prayed for quashing the order dated 29 -8 -2002, Annexure -5 to the writ petition passed by Opp. Party No. 2 appointing Opp. Party No. 3 on compassionate ground on death of late Prem Lal and further prayed to direct Opp. Party Nos. 1 and 2 to appoint the petitioner as Class IV employee on compassionate ground under Dying in Harness Rules in place of his father.

(2.) SRI Prakash Chandra Srivastava filed counter affidavit on behalf of Nagar Palika Parishad, Jaunpur. He made statement before this Court that U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 has been adopted by the Nagar Palika Parishad, Jaunpur and the appointment under the Dying in Harness is governed by the same.

(3.) IN reply Sri Prakash Chandra Srivastava, learned Counsel appearing for Nagar Palika Parishad, Jaunpur, urged that Prem Lal Son of Bakreedu Lal was Muslim. He married Smt. Chanda Devi after divorcing his first wife Smt. Sundari Devi Nagar Palika Parishad rightly passed orders for appointment of Smt. Chanda Devi the widow of Prem Lal. The order appointing Opp. Party No. 3 was rightly passed by Opp. Party No. 2 in accordance with law on the basis of the service records of Nagar Palika Parishad.