SHAMA BEGUM Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for respondent no.1 and Sri R.K. Kushwaha, learned counsel appearing for respondent nos. 2 and 3.

(2.) The petitioner is the daughter of late Smt. Hasmat Jahan, who was working as Head Master at Senior Basic School, Mailani in District Lakhimpur Kheri and she died on 13.9.1995 during service period. The State Government issued Government order dated 19.7.1986 providing appointment under Dying-in-Harness Rules to the employees, who were working in Basic Shiksha Parishad Schools and died during service period. In compliance of the aforementioned Government order the District Basic Shiksha Adhikari, Lakhimpur Kheri advertised the post of Assistant Teacher for appointment to dependents of employees under Dying-in-Harness Rules and the petitioner had applied against the said advertisement.

(3.) Petitioner moved an application to District Magistrate, Lakhimpur Kheri on 13.10.1986 for succession certificate and on the report of Lekhpal and Tehsildar dated 15.10.1986, that the petitioner is the only successor and legal heir of the deceased Hasmat Jahan, succession certificate was issued by ADM Lakhimpur Kheri.