DEEPIKA SHARMA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the petitioner; learned Standing Counsel appearing on behalf of respondent no.1 and Sri Pranesh Dutt Tripathi, learned counsel for respondent no.2.

(2.) This writ petition has been filed praying for direction to the respondent no.2, i.e., District Basic Education Officer, Kushinagar, to grant compassionate appointment to the petitioner on any suitable post as per her educational qualification on account of death of her husband, Late Yantish Dev Jha, within some fixed period of time.

(3.) The brief facts of the petition are that the husband of the petitioner was appointed as Assistant Teacher in the Basic School run under the Uttar Pradesh Basic Education Board, Allahabad at Primary School, Rohuaa Macharigava, Block Motichak, District Kushinagar. The husband of the petitioner was appointed by the order of District Basic Education Officer, Kushinagar, dtd. 21/9/2015 and he died on 23/9/2021 in harness. The petitioner is widow of the deceased having one year old daughter, Gyanvi Jha. She made an application dtd. 30/11/2021 before the respondent no.2 to grant compassionate appointment to her duly supported by documents. An objection was raised by the District Basic Education Officer, Kushinagar, regarding some documents not being annexed with the application for compassionate appointment made by the petitioner. The petitioner, thereafter, provided the certificate issued by Sub Divisional Magistrate, Sadar, District Bareilly giving details of the members of the family of the deceased. In the certificate, the petitioner, her minor daughter and father of the deceased, namely, Har Prasad Sharma, were mentioned as legal heirs of the deceased.