ORDER

1. Special leave granted.

2. This appeal relates to appointment of the dependant of a deceased employee on compassionate grounds. One Fakir Mohan Nayak was employed as Peon with the Minerals and Metals Trading Corporation of India Limited (for short "MMTC"). While thus employed he died on 21-9-1990. He had been married to Pramoda Dei, respondent herein. They were legally separated since 6-7-1985. The respondent was being paid by the deceased employee a sum of Rs 200 per month towards maintenance. The said employee had started living with another woman, Savitri Nayak, and had four children from her. Rule 18 of the MMTC (Staff Recruitment) Rules, 1979 (hereinafter referred to as "the Rules") provides as under :

"18. Appointments of dependants of employees who die in harness/or disabled permanently. The Chairman/Director (P) may appoint a direct dependant of a regular employee of the Corporation who either dies in harness or is permanently disabled while in the service of the Corporation, to any of the posts mentioned in Appendix II of these Rules by relaxing the age and qualifications prescribed for such appointment." (pp. 31-32) 3. Savitri Nayak claiming to be the second wife