Hon’ble Mrs. Vijay Lakshmi, J.—By means of this intra Court appeal, the appellant i.e. Commandant, 8th Battalion, P.A.C., Bareilly has challenged the validity and correctness of the judgment dated 7.8.2000 passed in Civil Misc. Writ Petition No. 42740 of 1999, directing the appellant (who was respondent No. 1 in the writ petition) to allow the writ petitioner to work and to pay her salary.

2. We have heard Sri Bhola Nath Yadav representing the appellant and Sri Ram Sheel Sharma appearing for respondent/writ petitioner.

3. Some brief facts giving rise to this appeal are that the writ petitioner Smt. Vimlesh Devi’s husband, Sri Pratap Singh was working on the post of Constable at 8th Battalian, P.A.C., Bareilly, as a permanent employee. Due to some mental disorder, he was admitted in the Mental Hospital, Bareilly and was remained there under treatment from 20.3.1995 to 31.5.1995. After his discharge, the C.M.S., Mental Hospital recommended to take him on duty but without arms. On 26.7.1996 the husband of the writ petitioner Constable Pratap Singh disappeared. In respect of his missing, an F.I.R. was lodged on 30.8.1996 by the then Commandant of P.A.C. The petitioner/respondent also lodged an F.I.R. for the same on 15.10.1998. When despite search and investigation, he could not be traced out, he was declared dead by respondent authorities and his widow i.e. the petitioner/respondent Vimlesh Devi was served with letters dated 18.12.1998 and 21.12.1998 making some inquiries for the purposes of grant of earned leave encashment, gratuity and family pension etc. and also with a view to provide her some employment. Thereafter, Vimlesh Devi was appointed on the post of a cook on temporary basis for a short period and she was time and again employed on temporary basis in leave vacancies of various class IV employees. She was also provided a Government accommodation in 73, New Block, Family Line, 8th Battalion, P.A.C., where she is still residing.

4. Vimlesh Devi applied for some permanent appointment under the Dying in Harness Rules, 1974 on the ground that as her husband was declared dead after his disappearance, she was entitled to be appointed as Class IV employee in her husband’s place under Dying in Harness Rules, 1974. Although she was provided pensionary benefits, gratuity, accommodation, leave encashment etc. and temporary job by the appellant authorities, her claim for a permanent appointment under Dying in Harness Rules, 1974 was rejected by the authorities vide order dated 5.3.1999, on the ground that a missing person even being declared dead, was not covered under Dying in Harness Rules, 1974.

5. Being aggrieved by the aforesaid order, Vimlesh Devi filed Civil Misc. Writ Petition No. 42740 of 1999 seeking the following reliefs :

1. To issue any writ, order or direction in the nature of mandamus commanding the respondent to pay the petitioner entire amount of G.P.F., Pension and all other benefit accrued to her after the death of her husband at an earlier opportunity.

2. To issue any writ, order or direction in the nature of mandamus commanding the respondents to appoint the petitioner under Dying in Harness Rules on the post of 4th Class employee;

3. To issue any writ, order or direction in the nature of certiorari quashing the notice dated 18.8.1999 for eviction of the petitioner from the allotted accommodation to her (Annexure 10) to the writ petition

4. To issue a writ, order or direction in the nature of mandamus commanding the respondents not to evict the petitioner from the allotted accommodation in 73, New Block Family Line, 8th Battalion, P.A.C., Bareilly and permit the petitioner to remain therein till the disposal of her application for appointing her under the Dying in Harness Rule;

5. To grant any other appropriate relief which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case;

6. The respondent/appellant P.A.C. Commandant filed counter-affidavit stating therein that