KM PRITI Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Ashok Khare, senior advocate, for petitioner and learned standing counsel.

(2.) THE short question to be decided in this case is whether the daughter of second wife with whom the deceased Government servant had entered into a marriage, while the first wife was alive, is entitled for consideration of the compassionate appointment under U. P. Recruitment of Dependents of Government Servants Dying-in-Harness Rules, 1974 (In short the Rules of 1974).

(3.) SRI Ashok Khare, senior counsel has rightly relied and is correct in relying upon the judgment of Supreme Court in Bakulabai and another v. Gangaram and another, 1988 (1) AWC 389 (SC) : 1988 (1) SCC 537, in which it was held that such illegitimate child is entitled to maintenance under Section 125, Cr.P.C., ignoring the fact of illegitimate marriage.