( 1 ) HEARD Sri Om Prakash Chaurasia, learned Counsel appearing on behalf of the petitioner and the learned Standing Counsel representing on behalf of the Respondents 1 to 3.

( 2 ) THE facts leading to the filing of present writ petition are that the petitioner, who is a widow and whose husband Late Surajbali Ram was employed with the respondents as regular Class-IV employee died on 23rd May, 1999, has applied for appointment under Dying-in-Harness Rules, 1974 before Respondent No. 1 on 15th October, 1999. The Respondent No. 3 vide its order dated 1st December, 1999/4th January, 2000 informed the petitioner that his application for appointment has been rejected by the District Magistrate, Ghazipur on the ground that the appointment under Dying-in-Harness Rules can be made only to a person suitable for appointment. It is this order, which is under challenge by means of present writ petition, the copy where of has been tagged as Annexure-2 to the writ petition.

( 3 ) THE respondents in the counter affidavit have taken a stand, as would be clear from the perusal of Paragraph 5, which says that initially the petitioner Smt. Sharda Devi filed an affidavit authorising he