MOHAMMAD HAIDAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Surendra Prasad Mishra, learned Counsel for the petitioner and learned Standing Counsel for State-respondent No.1. Briefly stated facts of the present case are that the petitioner was appointed on compassionate basis on the death of his wife. The petitioner now intends to marry the younger sister of his wife. Therefore, he seeks permission from Basic Shiksha Adhikari where he is employed to re-marry.

(2.) Learned Standing Counsel submits that there is no requirement under law for getting any permission for re-marriage by an employee. The petitioner appears to have applied for permission to re-marry in view of Rule 5 of the 1974 Rules.

(3.) Rule 5 of the Uttar Pradesh Recruitment of Dependants of Government Servant Dying in Harness Rules, 1974 (hereinafter referred to as 'the Rules, 1974') provides as under:-