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2023 Supreme(All) 1477

MANJIVE SHUKLA
Uday Pratap Singh – Appellant
Versus
District Basic Education Officer, Basti – Respondent


Advocates Appeared:
For the Petitioner: Indra Raj Singh, Adarsh Singh, Babban Singh, Satya Prakash Singh.
For the Respondent: C.S.C., Ashok Kumar Singh, Awadhesh Kumar.

JUDGMENT :

1. Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Adarsh Singh, learned counsel appearing for the petitioner and Sri Ashok Kumar, Advocate holding brief of Sri Awadhesh Kumar, learned counsel appearing for the Respondents No.1 & 2 as well as learned Standing Counsel appearing for the Respondent No.3.

2. Petitioner through present writ petition has assailed the order dated 30.12.2022 passed by the District Basic Education Officer, Basti, whereby services of the petitioner have been terminated.

3. Facts of the case, in brief, are that mother of the petitioner Smt. Tilakraji Devi, while working on the post of Head Mistress in Junior Basic School Jagdishpur, Block Harraiya, District Basti, died in harness on 18.10.2000. Petitioner, after death of his mother, submitted an application for his compassionate appointment and along with the application, he also submitted affidavits given by his father and brother. In the affidavit given by the petitioner's father, it was categorically mentioned that he was working as Head Master in Primary School Khamariya Sujat, Block Harraiya, District Basti.

4. The Selection Committee headed by the District Basic Education Officer,

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