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2012 Supreme(All) 1436

B.AMIT STHALEKAR
GEETA SRIVASTAVA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Ashok Khare, Siddharth Khare and S.K. Kulshrestha for the Petitioner; R.K. Tripathi and C.S.C. for the Respondents.

JUDGMENT

Hon’ble B. Amit Sthalekar, J.—In this writ petition the petitioner is seeking quashing of the order dated 15.1.1998 passed by District Basic Shiksha Adhikari, Fatehpur rejecting the claim of the petitioner for appointment on compassionate grounds on the ground that the benefit of U.P. Recruitment of Dependants of Government Servant (Dying in Harness) Rules, 1974 does not extend to widowed daughter-in-law and for a further direction to the respondents not to interfere in the functioning of the petitioner as an Assistant Teacher and to pay the petitioner her regular monthly salary of the said post.

2. The facts, in brief, are that the petitioner -Smt. Geeta Srivastava was married to one Anuj Kumar Srivastava son of Late Raj Narain Srivastava. The said Raj Narain Srivastava was employed as an Assistant Teacher in a Junior Basic School run by the Board of Basic Education, U.P. Shri Raj Narain expired while in service. In the meantime Anuj Kumar Srivastava, husband of the petitioner has also expired leaving behind his widow, the present petitioner. The petitioner, therefore, submitted an application for grant of compassionate appointment as a widowed daughter-in-law of the decea





















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