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Allahabad High Court · body

2013 DIGILAW 544 (ALL)

SHAILENDRA KUMAR GUPTA v. STATE OF U. P.

2013-02-14

A.P.SAHI

body2013
Amreshwar Pratap Sahi, J. Heard learned counsel for the petitioner and Sri S.K.Gupta learned counsel for the Basic Shiksha Parishad. The claim is for compassionate appointment after the death of his mother who was a Head Mistress in Primary School and died in harness on 8.2.2008. It has been categorically stated in para 15 that at that point of time when the petitioner's mother died in harness, the petitioner's father was already in employment as a Head Master of a Primary School who ttained the age of superannuation on 25.4.2009. Learned counsel for the petitioner contends that the petitioner has moved an application on 15.5.2009 thereafter. On the date of the moving of the application his father was not in employment. As such the objection being taken by the respondent counsel to the claim of the petitioner is unsustainable. I have perused the government order on which reliance has been placed by the petitioner copy whereof is Annexure 4. Clause 3( 1) of the said government order is extracted below: ^^m0iz0 lsokdky esa e`r ljdkjh lsodksa ds vkfJrksa dh HkrhZ ¼ikapok la'kks/ku½ fu;ekoyh] 1999 ds izkfo/kkuksa ds vuqlkj gh csfld f'k{kk ifj"kn dh lsok ds f'k{k.k@f'k{k.ksRrj deZpkfj;ksa dh lsokdky ds e`R;q gks tkus ij e`rd deZpkjh dk ifr ;k iRuh ¼tSlh Hkh fLFkfr gks½ dsUnzh; ljdkj ;k fdlh jkT; ljdkj ;k dsUnzh; ljdkj ;k fdlh jkT; ljdkj ds LokehRok/khu ok mlds }kjk fu;af=r fdlh fuxe ds v/khu igys ls lsok;ksftr u gks rks mlds dqVqEc ds ,sls ,d lnL; dks tks dsUnzh; ljdkj ;k jkT; ljdkj ;k dsUnzh; ljdkj ;k jkT; ljdkj ds LokehRok/khu ;k mlds }kjk fu;af=r fdlh fuxe ds v/khu igys ls lsok;ksftr u gksA bl lEcU/k esa e`rd vkfJr vkosnudrkZ ls 'kiFk i= izkIr djus ds mijkUr gh mlds lsok;kstu ij fopkj fd;k tk;sxkA** A perusal thereof clearly requires that an appointment on compassionate basis will be offered to a member of the deceased employee's family only if the surviving husband or the wife as the case may be was not employed in any State or Central service. The petitioner's father was admittedly employed as a Headmaster on the date of death of the petitioner's mother. Moving the application later on after the retirement of the petitioner's father will not over come the impediment as pointed out above. The writ petition lacks merit and is dismissed.