MANOJ KUMAR GARG Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner was born on 2.1.1975. His father was working since 1.7.1974 as Assistant Teacher in aided institution Dayanand Vedic Vidyalaya Junior High School. Shamli, district Muzaffarnagar. He was a permanent assistant teacher. He died-in-harness on 19.11.1989. At the time of his father's death, petitioner was a minor of about 14 years. No one in the family was qualified to claim appointment in 1989. The petitioner passed his High School and Intermediate examinations in 1991 and 1995. He, after attaining the age of majority and qualification for the post of clerk, claimed appointment under the Dying-in-Harness Rules and applied on 31.5.2000. His claim has been rejected by District Basic Education Officer (in brief BSA) by order dated 7.6.2000. It is this order dated 7.6.2000 which has been challenged in this writ petition.

(2.) Sri Awadh Narain Rai, learned counsel for the petitioner has urged that father of the petitioner died when the petitioner was a minor aged 14 years. He applied for appointment after becoming major. The BSA committed an error in rejecting the claim of the petitioner. He placed reliance on a decision of this Court in Manoj Kumar Saxena a. District Magistrate. Bareilly and others, 2000 (2) ESC 967.

(3.) On the other hand, learned standing counsel has urged that the petitioner is claiming appointment under Dying-in-Harness Rules after more than ten years of his father's death which is not permissible. The petitioner cannot be appointed. He further urged that order passed by BSA is not liable to be Interfered with.