( 1 ) BY way ofthis petition petitioner prayed for quashing the order dated 29. 8. 2002. Annexure-5 to the writ petition, passed by opposite party No. 2 appointing opposite party No. 3 on compassionate ground on death of late Prem Lal and further prayed to direct opposite 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 ) LEARNED counsel for the petitioner urged that his father Prem Lal died in harness and he being the son and one of the dependent is entitled to be considered for appointment, under the dying-in-Harness Rules. He further urged that Smt. Sundari Devi, mother of the petitioner is still alive and opposite party No. 3 who is claiming herself to be widow of Prem Lal, father of the petitioner cannot be