Hon’ble Dr. B.S. Chauhan, J.—This writ petition has been filed for quashing the provisions of Section 2 (c) of the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (hereinafter called the Rules 1974) as being ultra vires, Articles 14 and 39 (a) of the Constitution of India as a son and daughter have to be treated at par and require equal protection of law. A further relief has been sought for quashing the order dated 17.11.2005, by which the petitioner has been denied appointment on compassionate ground.

2. The facts and circumstances giving rise to this case are that petitioner claims to be the only child. Her mother died on 15.7.2001 in harness while working as Beldar in U.P. Power Corporation. She filed an application for compassionate employment. As there had been no response by the respondents, the last reminder was filed on 9.11.2005, which has been rejected . vide letter dated 17.11.2005, on the ground that the Rules do not provide for compassionate employment to married daughter. Hence this petition.

3. Shri A.P.N. Giri, the learned counsel for the petitioner has submitted that son and daughter cannot be given different treatment. The