GAURAV BHATNAGAR Vs. STATE OF UP

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Standing Counsel.

(2.) The petitioner claims compassionate appointment whose mother died on 25th May, 2002. The petitioner was appointed but he was not being paid his salary. Upon a communication by the Accounts Officer, the District Basic Education Officer was informed that the petitioner was not qualified on the date of death of the employee and therefore his appointment being invalid, no salary can be paid.

(3.) Reference was made to the Government Order No. 5193/15-5-2000-400(222)/ 99. The date of the said Government Order is mentioned as 4-12-2000 whereas the compilation produced by the learned counsel for the petitioner indicates the date as 4.9.2000. However, the contents being identical the said Government Order recites in Clause 3(5) that the appointment shall be offered to a candidate who has passed his Intermediate examinations on the date of the death of the employee.