JUDGMENT K.C. Agrawal and N.N. Sharma, JJ. - This writ petition has been filed by Kumari Sunita daughter of late Sri Chhanga Lal resident of Public Service Commissions compounds, Allahabad for a writ of mandamus commanding the respondents to appoint the petitioner on the post of Typist in Public Service Commission U.P. Allahabad in accordance with rules framed under Article 309 of the Constitution Uttar Pradesh Recruitment of Departments of Government Servants Dying.in Harness Rules, 1974. 2. It was alleged that late Chhanga Lal father of petitioner was a Daftri in Public Service Commission. He was a permanent employee of Public Service Commission at the time of his death on 29-3 81. 3. The petitioner, who is Intermediate and possesses a speed of 35 words per minute in Hindi typing applied for the post of Typist on 26-8-81. Such posts were lying vacant in the said office as there were seven permanent post of Typists cut of which five persons were working on ad hoc basis and two were still vacant. The petitioner was entitled to preference as it was obligatory under rule 5 of the aforesaid rules, on the part of the Commission to provide her a suitable employment in Government office. However, her request was turned down on 16-9-81 by Joint Secretary on the ground that such vacancy was not available. 4. This denial of the right of the petitioner operates harshly on her as she has to maintain her younger sister and mother. 5. In the counter-affidavit submitted by Sri Akhlesh Prasad on behalf of Public Service Commission it was conceded that father of petitioner was permanent peon in the office of Public Service Commission at the time of his death on 29-3-81. It was further conceded that petitioner was entitled to the benefit of rule 5 aforesaid. It was further conceded that there were ten post of Typists in the office but it was maintained that these posts had been file; much earlier than the petitioners application for the job received in that Office on 27-8-81. Under these circumstances in the absence of vacancy it was not possible to accommodate the petitioner as prayed by her. 6. We have carefully perused the record of the case and heard learned counsel for petitioner and the Standing Counsel. 7. On the admitted facts petitioner was well entitled to be considered for the post of Typist. Under these circumstances in the absence of vacancy it was not possible to accommodate the petitioner as prayed by her. 6. We have carefully perused the record of the case and heard learned counsel for petitioner and the Standing Counsel. 7. On the admitted facts petitioner was well entitled to be considered for the post of Typist. Her father expired on 2-3-81 and he applied for the post of Typist on 26-3-81 but that application was received in the office of respondent on 27-8-81 when there were ten posts of Typists in the said office out of those ten posts nine were permanent. Against those ten posts there were two permanent and four regularly selected candidates ; out of the remaining fern there were two permanent incumbents of the posts of Typists who had been approved and confirmed as Lower Division Assistants. However, their posts as Assistants were being challenged, in a writ petition. Some persons - wert officiating on ad hoc basis on the remaining posts, a list of which was laid it paragraph no. 9 of the counter-affidavit. In paragraph 2t of the counter-affidavit it was pointed out that Sri Akhlesh Kumar Gaur who was working as Typist on ad hoc basis was given further extension on 1-9-81 upto 31-10-81. Similarly one mere parson was working on ad hoc basis from 26-9-81 with break in service also but his ad hoc terra was further extended. Thus it is obvious that posts of Typists were available in the office on 29 3-81 and 27-8-81. After the application of petitioner had been received in that of there was no occasion for extension of the term of ad hoc Typists regardless of the claim of petitioner. So all these extensions of ad hoc Typist during tit aforesaid period were unjustified. Rule 5 of U.P. Recruitment of Dependent of Government Servants Dying in Harness Rules, 1974 is mandatory in nature and should not have been lightly discarded by a body entrusted with the tail of independent, fair and impartial sections of Government employees. We have the least hesitation in holding that the claim of the petitioner receive just consideration by this impartial body in the matter of her selection, t 8. In the result the petition is allowed. The Public Service Commission is directed to consider the candidature of the petitioner for appointment as a Typist at an early date. We have the least hesitation in holding that the claim of the petitioner receive just consideration by this impartial body in the matter of her selection, t 8. In the result the petition is allowed. The Public Service Commission is directed to consider the candidature of the petitioner for appointment as a Typist at an early date. The parties shall bear their own costs. 9. In this petition we had pronounced the operative portion of judgment in open court on 9-4-82 and the reasons are being delivered today in open court.