Court No. - 62
Case :- WRIT - A No. - 34302 of 2005 Petitioner :- Deepak Kumar Mishra Respondent :- State Of U.P. Thru' Principal Secy. & Ors.
Counsel for Petitioner :- A.K. Srivastava Counsel for Respondent :- C.S.C.,K.M.Tripathi,Sudhir Srivastava,Sunil.Kumar.
Hon'ble Rajiv Joshi,J.
Heard Sri A.K. Srivasvata, learned counsel for the petitioner and Sri Sudhir Srivastava, learned counsel for the respondent No. 4 as well as learned Standing counsel on behalf of the State-respondent.
This writ petition has been filed for quashing the impugned order dated 28.12.2004 passed by the District Basic Shiksha Adhikari, Fatehpur, whereby the appointment of the petitioner on compassionate ground as an Assistant Teacher was stayed until further order on the basis of complaint filed by the respondent No. 4 (mother of the petitioner).
The father of the petitioner was an Assistant Teacher in Primary School Gandharpi, Block Devmari, District Fatehpur and he died on 1.11.2001. Subsequently, the petitioner being elder son of the deceased applied for his appointment under the Dying in Harness Rules 1974 and he was appointed as an Assistant Teacher in Primary School Gandharpi, Block Devmai, District Fatehpur. Thereafter on a complaint made by the respondent No. 4 (mother of the petitioner), the appointment of the petitioner was stayed until further orders.
In the affidavit was filed by the respondent No. 4 (mother of the petitioner) dated 5.12.2016, it is specifically stated that except the petitioner, no family member has been in the earning capacity and family is facing a huge financial hardship.
It is stated in paragraph No. 13 of the said affidavit that on 5.7.2016 filed an application before the B.S.A., Fatehpur for withdrawal her complaint, but till date, no order has been passed on the application of the respondent No.4 (mother of the petitioner). Since the affidavit has been filed on behalf of the respondent No.4 (mother of the petitioner) and it is further stated, respondent No.4 do not want to pursue her complaint and therefore, the order impugned dated 28.12.2004 is hereby quashed.
The writ petition is allowed. No order as to costs.
Order Date :- 28.3.2018 Akbar