( 1 ) THE petitioner has filed this writ petition seeking direction to give appointment on compassionate ground under the U. P. Recruitment of Dependants of Government Servant (Dying-in-Hamess) Rules, 1974 (known as "rule 1974" hereinafter) in place of her husband treating to have been died in the course of service.

( 2 ) HEARD learned counsel for the petitioner as well as learned standing counsel for the State.

( 3 ) THE relevant facts necessary for adjudication of this writ petition are that the husband of the petitioner whose date of birth was 12. 10. 1966, was appointed as Constable in Civil Police, Jhansi in 1988. He took casual leave on 29. 10. 1988 for three days but he did not return thereafter. An f. I. R. was lodged on 17. 3. 1989 on behalf of the father-in-law of the petitioner and after investigation, a final report was submitted on 26. 12. 1990 wherein the petitioners husband balendra Prasad Mishra had been declared missing. The petitioner was legally dependent being wife of Sri Balendra Prasad Mishra. The petitioner gave a representation to be appointed under rule 1974 to the Senior Superintendent of Police, Jhansi and the Senior Superintendent of poli