MOHD JAID KHAN Vs. STATE OF UP

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) By means of present writ petition, the petitioner has prayed for a writ in the nature of mandamus commanding the opposite parties No. 2 & 3 to appoint the petitioner under Dying in Harness Rules as per his qualification.

(3.) Submission of learned counsel for the petitioner is that father of petitioner namely, Ashiq Ali, while he was posted as Assistant Teacher, Basic School, Bhagwatganj, Block Mandhata, district Pratapgarh died on 19.10.1996 during the period of his service, leaving behind his widow Noorjahan Begum, unmarried daughter Shabnam Bano and four sons namely, Mohd. Saif, Mohd. Kaish, Mohd. Jaid and Mohd. Junaid. Just after death of her husband, petitioner's mother Noorjahan Begum who was 40 years old, moved an application on 12.5.1997 for her appointment under Dying in Harness Rules, 1974. When no action was taken on her application for appointment, she moved several applications thereafter on 10.3.1998,10.7.1999,10.1.2001,8.5.2002 and on 8.4.2004 before the respondent No. 3 and other concerned authorities but no action was taken by the authorities concerned. The petitioner passed High School in the year 2004, Intermediate in the year 2006 and B. A. in the year 2009 from Faizabad University in the Second Division. The petitioner on becoming major in the year 2006 moved an application before the respondent Nos. 2 and 3 on 5.5.2007 seeking appointment under Dying in Harness Rules as per his qualification. When no action was taken by the authorities concerned, the petitioner moved another application on 10.6.2009 before the authorities concerned for redressal of his grievance but no action was taken by the opposite parties. Since the dependents of the deceased are still facing financial hardship, the petitioner has approached this Court.