RAKESH KUMAR Vs. DEPUTY INSPECTOR OF SCHOOLS ETAWAH

JUDGEMENT

(1.) Sri Ram Shanker Tiwari, father of the petitioner, was working as Assistant Teacher in Junior High School, village Birondhi, district Etawah. He died-in-harness on 9.2.1984. His elder son Ram Adhar was given appointment on 23.6.1989 as Assistant Teacher in Primary Pathshala, village Tiliya Katara, district Etawah, under the Uttar Pradesh Recruitment of Dependants of Government Servants Dying-in-Harness Rules, 1974 (in brief rules). Petitioner made an application for appointment under the rules before the respondents on 5.1.1991 on the allegation that his elder brother Ram Adhar who was given appointment on compassionate ground, after his marriage, has left the joint family in 1989. And the family of the deceased is again facing financial crisis, therefore, petitioner who is the son of deceased be given appointment under the rules. By order dated 24.4.1991 petitioner was given appointment by Deputy Inspector of Schools Etawah, on a class-IV post in Junior High School. Bharthana, Etawah. A complaint was made by one Deen Bandhu Pathak to District Basic Education Officer that appointment of petitioner was illegal and two dependants of late Sri Ram Shanker Tiwari have been given appointment, contrary to the provisions of rules. District Basic Education Officer appointed City Magistrate. Etawah, as inquiry officer. The inquiry officer after giving opportunity of hearing on 21.8.2000 to petitioner and his brother submitted his report on 24.8.2000. District Basic Education Officer dismissed the petitioner by order dated 6.9.2000. The petitioner has challenged the order dated 6.9.2000 by means of this writ petition.

(2.) I heared Sri Aditya Narain Tiwari, learned counsel for the petitioner and standing counsel for the respondent Nos. 1, 3 and 4.

(3.) Learned counsel for the petitioner has urged that under Rule 7 of the rules, more than one member of the family could be appointed on compassionate grounds. He further urged that the impugned order of dismissal has been passed contrary to principles of natural Justice. On the other hand, the learned standing counsel has urged that the petitioner has rightly been dismissed from service.