HASAN ABBAS Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri S.F.A. Naqvi learned Counsel for the petitioner. Sri Neeraj Tripathi said to be the Counsel for the Secretary, Basic Shiksha Parishad, Allahabad is not present, counter and rejoinder affidavits have been filed, therefore, assistance has been taken from Sri S.S. Sharma learned Standing Counsel for the State Government.

(2.) In this petition, prayer has been made for issuance of writ of certiorari quashing the order dated 3.7.2000 passed by the Respondent No. 3 Basic Shiksha Adhikari, Sant Ravi Das Nagar. The claim of the petitioner is for getting employment on the compassionate ground in view of U.P. Recruitment of Dependants of Government servants Dying-in-Harness Rules, 1974 in short called 'Rules, 1974' hereinafter as amended Fifth Amendment Rules, 1999 as well as Sixth Amendment Rules, 2001.

(3.) According to the petitioner the father and mother of the petitioner had already died in between 80-90 and only elder sister Km. Darakshan Bano was appointed Assistant Teacher (Urdu) in Ghosia Primary Vidyalaya, Sant Ravi Das Nagar Vikas Chhetra, Auraiya. It appears that it was irony of fate that only unmarried sister on whom the petitioner was dependant had also died on 27.12.1999 leaving behind the surviving dependant petitioner. Undisputedly the petitioner was a dependant on her unmarried deceased sister and on 27.1.2000 an application was moved by the petitioner for seeking appointment on compassionate ground which was rejected on 3.7.2000 on the ground that the petitioner is not covered under the definition of family as defined in the 'Rules, 1974'.