( 1 ) HEARD Sri Ashok Khare, Senior Advocate, for petitioner and learned Standing Counsel.

( 2 ) THE short question to be decided in this case is whether the daughter of second wife, with whom the deceased Government servant had entered into a marriage, while the first wife was alive, is entitled for consideration of the compassionate appointment under U. P. Recruitment of dependants of Government Servants Dying in Harness Rules, 1974 (in short the Rules of 1974 ).

( 3 ) THE admitted facts in this case are that the petitioners father Late Chet Narain Singh, was serving as permanent Collection Amin, died in harness on 31. 12. 2001. The petitioner is the daughter of the second wife of the deceased Government servant. The second marriage took place, while the first wife is still alive.

( 4 ) LEARNED Standing Counsel submits that a Government servant under the Rule 29 of the U. P. Government Servants Conduct Rules, 1956 is not entitled to marry while his first wife is alive and that the children born out of such second marriage cannot be recognized to be legitimate for the purposes of employment under the Rules of 1974. Section 11 of the Hindu Marriage Act, 1955 decla