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1998 Supreme(All) 476

M.KATJU
SANJEEV KUMAR DUBEY – Appellant
Versus
DISTRICT INSPECTOR OF SCHOOLS, ETAWAH – Respondent


Advocates Appeared:
Yogesh Kumar Saxena

M. KATJU, J.

( 1 ) THIS writ petition has been filed for quashing the Impugned order dated 30. 9. 97 Annexure-18 to the writ petition and for a mandamus directing the respondents to appoint the petitioner on the post of Science Demonstrator in Sri Radha Vallabh Inter College, Phaphund, district Etawah.

( 2 ) THE petitioners father was a confirmed Science Demonstrator in the Institution in question and he died in-hamess on 31. 12. 93 leaving behind his widow, four sons and one daughter. The petitioner claims to be his eldest son.

( 3 ) THE petitioner made an application to respondent No. 2 Committee of Management for appointing him under the Dying-in-Harness Rules. True copy of the petitioners application dated 24. 7. 95 is Annexure-3 to the writ petition. The petitioner has alleged that he has done his B. Sc. and hence is qualified for being appointed as Science Demonstrator. The petitioner has relied on the Government Order dated 2. 2. 95 copy of which is Annexure-7 to the writ petition. This government Order provides that when teacher in a recognised Institution dies in-harness, then one member of his family who is not below 18 years of age can be appointed on a teaching post for



















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