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Shailendra Kumar v. State Of U.P. And Another - WRIT - A No. - 38760 of 2004  RD-AH 16911 (25 October 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Civil Misc. Writ Petition No. 38760 of 2004
Shailendra Kumar Vs. State of U.P. and others
Hon'ble Sudhir Agarwal, J.
Heard Sri Yogesh Kumar Saxena, learned counsel for the petitioner and learned Standing Counsel for the respondents.
The petitioner claims compassionate appointment pursuant to the death of his mother on 14.12.2001 who was working as Assistant Teacher in Primary School of Basic Shiksha Parishad. The claim of the petitioner has been rejected on the ground that his father is working as Amin in Revenue Department of the Government and, therefore, it cannot be said that no family member of the petitioner is in service. Rule 5 of the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (hereinafter referred to as "1974 Rules"), which clearly provides that if the spouse of the deceased employee is not in government service only then appointment under 1974 Rules can be granted and not otherwise.
Admittedly, the father of the petitioner i.e. the husband of the deceased employee is in government service. Therefore, under Rule 5 of 1974 Rules the petitioner is not entitled to claim appointment after the death of his mother.
I do not find any error in the order impugned in this writ petition. The writ petition, therefore, lacks merit and is accordingly dismissed.
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