Hon’ble Mrs. Vijay Lakshmi, J.—Heard Sri Siddharth Khare, learned counsel for the petitioner, Sri P.D. Tripathi, learned counsel for the respondent No. 1 and learned standing counsel appearing on behalf of the State respondents.

2. The petitioner is aggrieved by the order dated 26.6.2009 passed by the Basic Shiksha Adhikari, Kaushambi and also the order dated 15.7.2010 passed by the Secretary, Board of Basic Education, U.P. by which the appointment of the petitioner as Assistant Teacher in primary school run by the Basic Shiksha Parishad has been cancelled.

3. It has been submitted by Sri Siddhartha Khare that the petitioner’s father - Umrao Singh son of Mahavir Singh was an Assistant Teacher in a primary school at Ganja, Allahabad run by Basic Education Board and he died in harness on 30.6.1975. The petitioner applied for compassionate appointment under the Dying-in-Harness Rules in 1993 and after repeated request, the Basic Shiksha Adhikari, Allahabad by his order dated 10.5.1994 granted appoinment to the petitioner as Assistant Teacher in a primary school of district Allahabad. Since his appointment, he has been continuously working and has also passed BTC Training from District Institute of Education Manjhanpur, Allahabad. In August 2000, the petitioner was transferred from district Allahabad to district Kaushambi and promoted as Assistant Teacher in a Junior High School in district Kaushambi in August 2006.

4. On 18.4.2009, the Basic Shiksha Adhikari, Kaushambi referring to a complaint by one Smt. Nirmala Devi against compassionate appointment of the petitioner, issued notice to the petitioner and fixed date of hearing as 24.4.2009.

5. It has been submitted by the learned counsel for the petitioner that before the issuance of notice dated 18.4.2009, the petitioner had no information whatsoever regarding any complaint made by Smt. Nirmala Devi or the contents of the said complaint. The petitioner appeared before the Basic Shiksha Adhikari, Kaushambi on 24.4.2009 and submitted documents regarding his identity including his High School and Intermediate Marks sheet and his Caste Certificate and affidavits of several members of the Gram Sabha, Ganja, district Allahabad where the primary school was situated in which the petitioner’s deceased father had worked.

6. The petitioner was again issued a notice by the Basic Shiksha Adhikari, Kaushambi on 28.5.2009 directing him to appear for further hearing. The said notice referred to certificate filed by Nirmala Devi in support of her claim that her father - Umrao Singh son of Sarva Daman Singh was an Assistant Teacher in a primary school, Ganja, Allahabad and not the father of the petitioner - Umrao Singh son of Mahavir Singh. The petitioner again appeared before the Basic Shiksha Adhikari, Kaushambi with all documents, but the Basic Shiksha Adhikari, Kaushambi passed the order dated 26.6.2009 holding the compassionate appointment of the petitioner as invalid and cancelling the same.

7. The petitioner filed Writ Petition No. 37217 of 2009 before this Court which was finally disposed of by this Court on 27.7.2009 with a direction to the petitioner to approach the Secretary, Basic Education to prove his case that his father - Umrao Singh, son of Mahavir Singh was working as Assistant Teacher in primary school, Ganja, Allahabad and he died in harness in 1975.

8. The petitioner filed a representation alongwith a copy of judgment and order dated 27.7.2009 before the Secretary, Basic Education, U.P., Lucknow. The Secretary, Basic Education issued notice to the petitioner as well as Smt. Nirmala Devi, the alleged daughter of Umrao Singh and fixed 5.10.2009 as the date of hearing and directed the Basic Shiksha Adhikari, Kaushambi to appear also with all original documents.

9. However, the Basic Shiksha Adhikari, Kaushambi wrote that the appointment of the father of the petitioner and that of the petitioner was done a long time ago in district Allahabad before its bifurcation and the