VIVEK KUMAR RAI Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri R.P. Pandey, learned counsel for the petitioner, Sri Sri Ashok Khare, learned Senior Advocate, assisted by Sri K.C. Tripathi, learned counsel for respondent No. 7, Sri S.K. Chaubey, learned counsel for respondent No. 6 and Sri K.S. Kushwaha, learned Standing Counsel for State- respondents.

(2.) Affidavits have been exchanged between the parties. The present writ petition is being finally disposed of with the consent of the parties.

(3.) Petitioner before this Court seeks quashing of the order passed by the Director of Education (Basic), U.P. Lucknow dated 29th October, 2009, whereby he has held that respondent No. 7, namely, Manish Kumar Rai, was entitled to compassionate appointment, and accordingly he directed payment of his salary through State exchequer. The impugned order records that the father of respondent No. 7, namely, Vinod Kumar Rai was employed as Assistant Teacher in a recognised junior high school, he expired during harnesses on 16th July, 2005. At the time of death of Vinod Kumar Rai, the institution, namely, Netaji Lghu, Madhyamik Vidyalaya, Khukhundava, Kopaganj, Mau was an unaided institution. The Director of Basic Education has held that he was entitled for such compassionate appointment in an aided institution in terms of the Government Order dated 4th September, 2000 and salary from the State funds.