SWAMY NATH Vs. BASIC SHIKSHA ADHIKARI GONDA

JUDGEMENT

(1.) THIS special appeal arises out of judgment and order dated 26.09.2012 passed by the learned Single Judge in writ petition no. 4680 (S/S) of 2006 Swamy Nath vs. Basic Shikha Adhikari, Gonda and ors.

(2.) THE fact in brief are that Shri Hari Shankar (since deceased), the father of the appellant -petitioner, who was working on the post of Anuchar since 01.07.1965, in Kanya Junior High School, Itiyathok, District -Gonda, died in harness on 05.05.2003. After the death of his father, the petitioner moved an application for appointment under the Dying in Harness Rules. In pursuance of the order dated 08.12.2004 the petitioner submitted his joining on the post of Anuchar on 09.12.2004 in Purva Madhyamik Vidyalaya, Bindoli Shiksha Kshetra, Itiathok, District Gonda. By an order dated 18.01.2005 the petitioner was relieved from Purva Madhyamik Vidyalaya, Bindoli Shiksha Kshetra, Itiathok, District Gonda and was attached to the Block Resource Center, Ithiathok, Gonda. While working thus, the petitioner was served with a show cause notice dated 16.04.2005 issued by the District Basic Education Officer, Gonda. In which it was stated that it had come to the notice of the authorities that Smt. Manna Devi, wife of late Hari Shankar, the mother of the petitioner was working on the post of Anuchar in Purva Madhyamik Vidyalaya Itiathok, District -Gonda. The petitioner was required to submit his explanation/comments within the time mentioned in the said letter. On 02.05.2005, the petitioner submitted his reply, in which it was inter -alia stated by the petitioner that late Shri Hari Shankar, his father was directly appointed in Kanya Junior High School, Itiathok, District -Gonda on 01.07.1965 and he died on 05.12.2003, that his mother Smt. Manna Devi was directly appointed on 04.11.1965 in Kanya Junior High School, Ithiathok, District -Gonda, that On 08.12.2004 the petitioner had orally informed Smt. Sarla Yagya Saini, the then Deputy Basic Education Officer, Gonda, about the fact that the mother of the petitioner was in employment at the time of his father death.

(3.) THE petitioner on 24.05.2005 and 12.04.2006, submitted representations to the Secretary, Basic Education Board, U.P. Allahabad, for payment of salary . Since neither the petitioner was paid his salary nor representions of the petitioner were disposed of, as such the petitioner preferred a writ petition No. 4680 (S/S) of 2006 Swamy Nath vs. Basic shiksha Adhikari, Gonda and Ors. before this Court praying inter alia the following reliefs: