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Ram Krishna Pandey v. State Of U.P. Thru. Secy. (Basic Education) & Others - WRIT - A No. 16648 of 2007 [2007] RD-AH 6360 (6 April 2007)


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  Court No. 39            

Civil Misc. Writ Petition No. 16648 of 2007

Ram Krishna Pandey


State of U.P. and others

Hon'ble V.K. Shukla, J.

Petitioner claims that his father late Radhey Shyam Pandey was appointed as teacher (Katai Bunai) on 08.03.1968 at Rajkiya Deeksha Vidyalaya, Barua Sagar, District Jhansi. Subsequently he was transferred to Azamgarh. It has been contended that petitioner's father had been performing and discharging duties and  thereafter with effect from 14.09.1981, he did not perform any duty and ultimately died on 24.12.2000. Petitioner claims that he is entitled to compassionate appointment  under U.P. Dying in Harness Rules, 1974. For consideration of his claim, petitioner approached this Court by preferring writ petition No.37233 of 2005, wherein this Court on 04.05.2005 had asked the authority concerned to look into the matter and take appropriate decision. Thereafter, said order had not been complied with, as such petitioner initiated contempt proceeding. Thereafter, on 17.11.2006, order has been passed by District Basic Education Officer, mentioning therein that authority to accord compassionate appointment is vested in the Joint Director of Education, as such claim of petitioner has been rejected.

On the matter being taken up, seeing the factum which has been mentioned in the order dated 17.11.2006, a precise question was put up to learned counsel for the petitioner, as to whether in between 14.09.1981 and 24.12.2000 any remuneration was being paid to late Radhey Shyam Pandey. Supplementary affidavit has been filed  and the question which was posed has not been directly answered and to the contrary it has been sought to be suggested that it is factual matter, which can be decided by the authority concerned, as record is with them.

The idea behind providing compassionate appointment is to save the family in crisis after the death of bread earner. In the present case from the date chart last institution where his father had  worked was Rajkiya Adresh Vidyalaya, District Azamgarh, which had been abolished, and other teachers had been absorbed, but petitioner's father had not been absorbed, and in the event of being alive he would have been absorbed. From own showing of petitioner, his father had not been paid remuneration since 14.09.1981 to 24.12.2000. Burden is on petitioner to show that any payment was made to petitioner's father in lieu of his service. Petitioner has miserably failed on this front, as such inevitable conclusion is that petitioner's family was not dependent on the income earned by his father through the salary in lieu of service as teacher, as such there is no occasion to issue any direction in favour of petitioner for according him compassionate appointment.

The writ petition is totally misconceived, lacks substance, and the same is dismissed.      




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