JUDGMENT :

Karunesh Singh Pawar, J.

Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.

2. By this petition, the petitioner has prayed for the following relief :

''(I) A Writ, order or direction in the nature of certiorari quashing the order dated 21.5.2022 passed by the respondent No. 2 (Chief Medical Officer, Firozabad).

(II) A Writ, order or direction in the nature of mandamus directing the respondent No. 2 to consider the claim of the petitioner under the dying-in-harness rules for the suitable post.''

3. Learned counsel for the petitioner submits that the impugned order dated 21.5.2022 passed by the Chief Medical Officer, Firozabad is arbitrary. He also submits that claim of the petitioner has wrongly been denied.

4. It is further submitted that all other legal heirs of the late Sunita Devi have given their no objection certificate in favour of the petitioner.

5. Learned Standing Counsel has opposed the petition submitting that The U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 have been framed to provide immediate relief by providing employment to one member of the aggrieved family. In this case at the time o