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