ARCHANA GAUTAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Arun Kumar Shukla, learned counsel for the petitioner, Shri Badrish Tripathi, learned Standing Counsel for the State-respondent Nos.1, 3, Shri Pradeep Tiwari, learned counsel for respondent No.2 and Shri Ran Vijay Singh, learned counsel for the respondent No.4.

(2.) The present writ petition has been filed seeking relief for issuance of writ of mandamus directing respondents to appoint petitioner on a suitable post according to her qualification under the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as "Rules, 1974") on compassionate grounds.

(3.) The facts which emerge from the record are that the father of the petitioner, namely, late Mahadeo Prasad died on 26/5/1990 while working on the post of Headmaster, Prathmik Vidyalaya, New Hyderabad, Ward Hasanganj, Lucknow. The petitioner, after attaining the age of majority, applied for appointment under Rules, 1974 on compassionate grounds through an application dtd. 10/10/1993 before the Secretary, Basic Shiksha, Anubhag-5, U.P. Government, Lucknow. Subsequent applications were also moved by the petitioner on 19/10/1993 and 22/11/1993 before Anubhag Adhikari, Shiksha Anubhag-5, U.P. Sachivalaya, Lucknow and District Basic Education Officer, Nagar Mahapalika, Lucknow respectively. The mother of the petitioner also submitted an affidavit dtd. 21/10/1994 recommending compassionate appointment in favour of the petitioner and the brother of the petitioner also gave a no-objection for providing compassionate appointment to the petitioner.