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2001 Supreme(All) 72

O.P.GARG
SHAKUNTALA DEVI – Appellant
Versus
EXECUTIVE ENGINEER, ELECTRICITY TRANSMISSION DIVISION, FIRST, U. P. ELECTRICITY – Respondent


Advocates Appeared:
A.L.NAQVI, Arvind Kumar, H.N.Singh, P.C.Srivastava, V.K.Jaiswal

O. P. GARG, J.

( 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 adm












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