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2015 Supreme(All) 3431

ANIL KUMAR
Itwari Lal – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Petitioner: Narendra Kumar,Dev Kumar Tripathi
For the Respondent: C.S.C.,Rajiv Singh Chauhan,Shobhit Mohan Shukla

JUDGMENT

Anil Kumar, J.

Heard Sri Narendra Kumar, learned counsel for the petitioner, learned Standing Counsel and perused the record.

2. By means of present writ petition , petitioner has challenged the impugned order dated 4.9.2014 passed by opposite party no.3/ District Basic Education Officer, Sitapur.

3. Facts, in brief, of the present case are that petitioner's father Sri Ayodhya Prasad, who was working on the post of Assistant Teacher in Poorva Madhyamik Vidhyalaya, Pakhaniyapur, Post Larkarpur, Block Sakaran District Sitapur died during the tenure of his service .As such the petitioner has moved an application for compassionate appointment under Dying in Harness Rules.

4. By order dated 4.9.1997 passed by the competent authority , petitioner was appointed on class IV post on consolidated salary and posted in Poorva Madhyamik Vidhyalay, Pakhaniyapur, Sitapur. After joining his service he raised a grievance on the ground that there is no justification or reason to appoint him on consolidated salary as he is entitled for regular appointment/ salary.When no heed paid, approached this Court by filing writ Petition No.1707 (SS) of 2014 ( Itwari Lal Vs. State of U.P. and others) ,












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