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2000 Supreme(All) 1497

V.M.SAHAI
COMMITTEE OF MANAGEMENT, R. B. RAO INTERMEDIATE COLLEGE – Appellant
Versus
JOINT DIRECTOR OF EDUCATION – Respondent


Advocates Appeared:
A.B.SINGH

V. M. SAHAI, J.

( 1 ) DHRUP Deo Dubey was working as chaukidar on a class-IV post in Ram Bilas Rao intermediate College. Rampur Buzurg, Salempur, Deoria. He died in-harness on 28. 3. 1999, leaving behind Smt. Subhawati Devi his widow, a minor son and a minor daughter. The widow claimed appointment under the Dying-in-Harness Rules. On 25. 1. 2000, the District Inspector of schools, Deoria (in brief D. I. O. S.) called for report from the Manager/ Principal. The District committee constituted under notification dated 2. 2. 1995 considered the petitioners claim and found the widow entitled for appointment under the Dying-in-Harness Rules. The D. I. O. S. on 23. 8. 2000 directed the Manager/ Principal to appoint Smt. Subhawati Devi. The petitioners made a representation on 15. 9. 2000 to D. I. O. S. that order dated 23. 8. 2000 be cancelled. The manager alleged that Smt. Subhawati Devi is aged 60 years. He raised dispute about date of birth of the widow. And stated that son of the deceased who is a minor be given appointment after he becomes major. It appears that at the instance of the petitioners, the Principal did not issue appointment letter to the widow. The widow informed the D.






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