RAVINDRA KUMAR DUBEY Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner Sri J.P. Singh and learned Standing Counsel for respondent No. 1.

(2.) Notices were issued to the respondent Nos. 2. 3 and 4 as well bat no One has put in appearance on behalf of the said respondents.

(3.) The facts of the case lie in a very short compass. The petitioner adopted by one late Smt. Dev Kunwar and an adoption deed was registered in testimony thereof. The petitioner claims appointment after the death of late Smt. Dev Kunwar under the Dying in Harness Rules as she had been working as an assistant teacher in a primary school governed by the Basic Education Act, 1972. The petitioner was extended benefit of the rules relating to compassionate appointment and he was appointed as an assistant teacher at a Primary Pathshala Bamhrauli at Village Moth, district Jhansi The dispute arose when the adoption deed under which the petitioner has been claiming right was put to challenge in Original Suit No. 243 of 1992 filed by one Sri Satya Narain. The said suit was decreed on 29.10.1996 and the appeal filed by the petitioner against the aforesaid decree of the trial court failed. The petitioner came up in Second Appeal No. 7 of 1997 before this Court, which was Dismissed in default on 29.10.1997. The Basic Shiksha Adhikari upon, dismissal of the aforesaid second appeal terminated the services of the petitioner on 24.12.1997. However, after filing the restoration application, which was allowed on 17.2.1998, the Basic Shiksha Adhikari revoked the order dated 24.12.1997 and reinstated the petitioner in service vide order dated 20.2,1998. In the second appeal an application was moved by the plaintiff Sri Satya Narain, who was respondent in the second appeal, seeking permission to withdraw the suit and disposed of the second appeal as parties to the litigation had arrived at terms out side the court. This application was moved and disposed of on 10.8.1999. The order passed in the second appeal has been quoted in paragraph 3 of the writ petition .This Court permitted the withdrawal of the suit and the second appeal was disposed of accordingly.