Rakesh Tiwari, J.—Heard counsel for the parties.

2. This petition has been filed by Smt. Raman Pandey claiming herself to be wife of deceased employee Jayanti Prasad Pandey. Son of Smt. Savitri Devi claimed appointment on compassionate ground on the basis that Smt. Raman Pandey, the second living wife of the deceased is not entitled to the benefits on compassionate ground under Dying-in-Harness Rules as she is not within the definition of family therein. In that context, the Court in Writ Petition No. 18397 of 2002, wherein present petitioner-Smt. Raman Pandey was a party as respondent No. 4 and had also filed counter-affidavit, held as follows :

“In my opinion, if Smt. Raman Pandey is not legally wedded wife and the marriage of Smt. Raman Pandey is void. According to Hindu Marriage Act, she cannot claim the benefits to claim an appointment under dying-in-harness because she does not come under the definition of family. The judgment relied upon by the counsel for the petitioner fully supports the contention of the petitioner.”

3. Now by means of this petition, Smt. Raman Pandey claims for a writ in the nature of mandamus commanding opposite party Nos. 1 to 3 to appoint the peti