PAWANI AWASTHI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Vijay Kumar Srivastava, learned counsel for the petitioner, Sri Vivek Shukla, learned Additional C.S.C. and Sri Ajay Kumar, learned counsel for the B.S.A.

(2.) By means of this petition, the petitioner has prayed for the following relief (s):

(3.) The petitioner's mother was an Assistant Teacher at Primary School, Bhagginivada, Block-Shivrajpur, Kanpur Nagar. She died-in-harness on 7/10/2016. The applicant-petitioner who was at that time studying in intermediate after having passed the high school applied for compassionate appointment on 30/9/2019 after completing her intermediate. The claim has been rejected vide orders of B.S.A., Kanpur Nagar dtd. 4/12/2019 and 27/8/2020 on the ground that as per Government Order dated 04 09.2000, the person applying for compassionate appointment should have the requisite qualification for the post on the date of death of the deceased employee. It is worthwhile to mention that on the date of her mother's death, the petitioner was aged one month less than sixteen years, her date of birth being 20/11/2000. Para no.5 of the writ petition is relevant in this regard. The high school marksheet also discloses the aforesaid fact, copy of which is annexed as Annexure no.6 to the petition.