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2004 Supreme(All) 1317

TARUN AGARWALA
ANURAG CHAND – Appellant
Versus
DIRECTOR OF EDUCATION BASIC/CHAIRMAN BASIC SHIKSHA PARISHAD U P ALLAHABAD – Respondent


Advocates Appeared:
B.P.Singh, Dinesh Rai, G.S.SINGH, P.C.SINGH,

TARUN AGARWALA, J.

The petitioners step mother, Smt. Geeta Kushwaha died in harness on 28-8-1997. As a step son, the petitioner applied for his appointment under the U. P. Recruitment of Dependent of Government Servant Dying in Harness Rules, 1974. The application of the petitioner was also accompanied by a succession certificate issued by the Tehsidar. Subsequently, the respondents issued an appointment letter dated 4-5-1998 appointing the petitioner on the post of Assistant Teacher in Prathmic Vidyalaya Phulwariya, Kashi Vidyapeeth, Varanasi. On the basis of the aforesaid appointment letter, the petitioner joined the school as an Assistant Teacher and worked till 3-6-98, on which date respondent No. 2, namely, District Basic Education Officer, Varanasi cancelled the appointment order dated 2-5-1998 by the impugned order on the ground that the petitioner is not a uterine son of the deceased and was, therefore, not entitled for appointment under the Dying in Harness Rules, 1974.

2. The impugned order dated 3-6-1998 has been assailed in the present writ petition.

3. Heard Sri Dinesh Rai, the learned counsel for the petitioner and the learned Standing Counsel appearing for the respon














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