JUDGMENT :

MANJIVE SHUKLA, J.

1. Heard Mr. Anurag Shukla, learned counsel appearing for the petitioner and learned Standing Counsel appearing for the Respondents No. 1 & 2 as well as learned counsel appearing for the Respondents No. 3 & 4.

2. Petitioner through the present Writ Petition has challenged the order dated 20.12.2022 passed by the District Basic Education Officer, Bareilly whereby petitioner's claim for compassionate appointment on a Class-III post has been rejected on the ground that on the date of death of his father i.e. on 13.08.2017, he was not having Intermediate qualification which is necessary for appointment on a Class-III Post.

3. Facts of the case in brief are that father of the petitioner while working on the post of Assistant Teacher in Senior Basic School Kunwarpur, Dan Kunwar, Block-Bhadpura, District Bareilly died in harness on 13.08.2017. Petitioner after death of his father submitted an application on 28.03.2018 to District Basic Education Officer, Bareilly whereby petitioner informed that he was minor and immediately after attaining the age of majority, he will submit application for compassionate appointment in place of his father.

4. Petitioner passed out his Intermediate examination on 29.04.2018 and, thereafter he filed an application for his compassionate appointment on Class-III post and the said application was duly forwarded by the Block Education Officer, Block Bhadpura, District Bareilly to the District Basic Education Officer, Bareilly, vide his letter dated 3.11.2020. Petitioner along with his application also submitted affidavits given by his family members wherein it was categorically mentioned that they do not have any objection in the compassionate appointment of the petitioner.

5. The District Basic Education Officer, Bareilly vide his letter dated 29.06.2021 required the petitioner to give his option for appointment on Class-IV post but petitioner in response thereof, submitted an application to the District Basic Education Officer, Bareilly on 9.12.2021 whereby he requested that he is duly qualified for appointment on Class-III post and therefore, he may be given compassionate appointment on Class-III post.

6. Since application of the petitioner for compassionate appointment was not considered and decided by the District Basic Education Officer, Bareilly, as such, under compelling circumstances, petitioner filed Writ-A No. 10367 of 2022 (Abhishek Singh vs. State of U.P. and Others) which was finally disposed of by this court vide order dated 20.07.2022 whereby direction was given to the District Basic Education Officer, Bareilly to consider and decide petitioner's representation by passing speaking and reasoned order.

7. The District Basic Education Officer in compliance of order dated 20.07.2022 has passed the order on 20.12.2022 which has been impugned in the present writ petition.

8. The District Basic Education Officer vide order dated 20.12.2022 has rejected claim of the petitioner for his compassionate appointment on a Class-III post on the ground that on the date of death of his father, petitioner was not having qualification of Intermediate which is mandatory for appointment on a Class-III post. The District Basic Education Officer in his order dated 20.12.2022 has recorded a finding that Clause 3(5) of the Government Order dated 4.09.2000 provides that for compassionate appointment, dependent of the deceased government servant must possess qualification required for appointment on a post on the date of death itself.

9. Clause 3(5) of the Government Order dated 4.08.2000 is extracted as under:

10. Learned counsel appearing for the petitioner has submitted that the District Basic Education Officer while passing order dated 20.12.2022 has not taken into consideration that the provisions made in Clause 3(5) of the Government Order dated 4.08.2000 has already been read down by this Court vide judgment and order dated 4.05.2022 passed in Writ-A No. 6640 of 2021 (Pawani Awasthi vs. State