MADHAV PRASAD SHAKYA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State-respondents and Sri Shravan Kumar Pandey, learned counsel for the respondent no.4.

(2.) Undisputedly, the father of the petitioner, namely, Sri Karori Lal was assistant teacher in Purva Madhyamik Vidyalay, Mani Kothi, Block Arva Katra, district Auraiya, who died on 18.6.2006, when the petitioner was aged about 12 years. The petitioner attained the age of majority in the year 2012. Immediately after attaining the age of majority, he filed an application dated 18.5.2012 before the District Basic Education Officer, Auraiya, respondent no.4, for appointment on compassionate ground. The respondent no.4 referred the matter to the State Government vide letter dated 18.6.2012.

(3.) Now, the impugned order dated 21.11.2017 has been passed by the respondent no.1 rejecting the claim of the petitioner on the ground that the petitioner has filed an application for compassionate appointment after expiry of five years. It has also been observed in the impugned order that earlier his application was disposed of by order dated 31.7.2013 and the respondent no.3 was directed to communicate the order. There is no finding in the impugned order that the alleged order dated 31.7.2013 was served upon the petitioner or it was communicated by the respondent no.3 to the petitioner.