The legal status of the claimants and the effect of nomination under the U. P. Recruitment of Dependents of Government Servant (Dying-in-Harness) Rules, 1974 were central to the court's decision.

( 1 ) TWO rival claimants of the retiral and other service benefits consequent upon the death of their alleged husband late Nand Kishore have filed these petitions under Article 226 of the constitution of India with the prayer that a direction be issued to the Executive Engineer, electricity Transmission Sub-Division, George Town, Allahabad-respondent No. 1 to release the entire amount in their favour and for offering an appointment under the U. P. Recruitment of dependents of Government Servant (Dying-in-Harness) Rules, 1974 (hereinafter referred to as the Rules ).

( 2 ) PUT briefly, the facts governing the two petitions are that Nand Kishore was employed as a class-IV employee in the Electricity Board and at the relevant time, was working in the office of the Executive Engineer, Electricity Sub-Division, Electricity Transmission First, 57-George town, Allahabad. He met with an accidental death due to electric shock on 12th May, 1990. Consequent upon his death, certain payments under the heads of General Provident Fund, gratuity, Pension and other benefits as admissible under law, became due. Smt. Shakuntala devi, who has filed Civil Misc. Writ No. 27291 of 1991 admittedly was the legally wedded wife of the deceased employee. Out of the wedlock, Km. Sangeeta, a female child took birth. Smt. Shakuntala Devi applied for the dues as admissible under the law. The departmental authorities required her to produce a certificate of succession, a copy of post-mortem certificate and a certificate about the date of death of the deceased. Smt. Shakuntala Devi furnished all the above documents. A succession certificate which was issued in her favour in Succession Case No. 271 of 1991 on 4. 12. 1991 by Civil Judge (Junior Division) was also obtained by her. An inquiry was made by the revenue authorities of the Tahsil and it was reported that Smt. Shakuntala and her daughter Km. Sangeeta were the only legal heirs left by the deceased employee-Nand Kishore. Before the payment could be released in favour of Smt. Shakuntala Devi, Smt. Bhawan Mati devi, petitioner of Civil Misc. Writ No. 3058 of 1993 appeared at the scene and claiming herself to be the widow of the deceased employee required the department to release the benefits in her favour. The department obviously was in a quandary and when neither of the women was getting the payments released in her favour, they filed the present writ petitions for direction by this court to the departmental authorities to release the payment in their respective favour.

( 3 ) COUNTER and rejoinder-affidavits have been exchanged.

( 4 ) BOTH these writ petitions came up for hearing on 11. 2. 2000 on which date, both the writ petitions were disposed of and a direction was issued to the respondents to release the payments in favour of Smt. Shakuntala Devi if she produces a succession certificate. It was further directed that the question of appointment of Smt. Shakuntala Devi as dependant of late Nand Kishore may also be considered by them according to law. On the move of Smt. Bhawan Mati Devi, on whose petition none appeared at the time of hearing of the writ petitions, the order dated 11. 2. 2000 was recalled by order dated 7. 4. 2000 and it is in these circumstances that both these writ petitions have come up again for hearing by this Court.

( 5 ) HEARD Sri H. N. Singh, learned counsel for the petitioner-Smt. Shakuntala Devi and Sri P. C. Srivastava assisted by Sri A. I. Naqvi on behalf of Smt. Bhawan Mati Devi and Sri Arvind kumar appearing on behalf of the respondent No. 1-employer.

( 6 ) AS said above, it is an indubitable fact that Smt. Shakuntala Devi was the legally wedded wife of late Nand Kishore. Smt. Bhawan Mati Devi claims herself to have married late Nand Kishore in the month of May, 1978 and in support of her marriage, she has filed a certificate of Pradhan of the village. She is also armed with an unquestionable nomination made by the deceased in her favour for payment under t