LAWS(ALL)-2013-2-134

PAWAN KUMAR Vs. STATE OF U P

Decided On February 20, 2013
PAWAN KUMAR Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) Heard Sri H.S. Jain, learned counsel for petitioner, at great length and perused the record.

(2.) Petitioner is seeking a writ of mandamus commanding respondents to appoint him on the post of Assistant Teacher in any primary school run by U.P. Basic Shiksha Parishad (hereinafter referred to as "the Board") with retrospective effect and with all consequential benefits or in the alternative, appoint him on any suitable post according to his qualification possessed by him on the date of consideration for appointment under U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as "Rules, 1974") with retrospective effect and with all consequential benefits. He has also prayed for issuance of a writ of certiorari for quashing the order dated 21.2.2007 (Annexures 15 to writ petition) whereby District Basic Shiksha Adhikari, Faizabad (hereinafter referred to as "DBSA") has rejected his claim for compassionate appointment on the post of Assistant Teacher.

(3.) The facts, in brief, giving rise to the present dispute, are as under: