Sibghat Ullah Khan, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS writ petition was earlier dismissed as infructuous on 30.01.2009. Thereafter, in July, 2009, Petitioner filed restoration application, which was misplaced hence along with Listing Application No. 67216 of 2011 duplicate copy of the same was filed. On 02.05.2011 arguments on restoration as well as merit of the writ petition were heard. Today restoration application has been allowed through order passed on the duplicate copy of the restoration application. On 19.07.1986, 19.06.1987 and 04.09.1987 three Government Orders were passed, copies of which are Annexures No. 1, 2 & 3 to the writ petition. It was provided under the said Government Orders that one of the dependents of those teachers of Schools run by Basic Shiksha Parishad who died in harness after 25.07.1972 should be appointed as teacher on the principle of dying -in -harness. The cut off date 25.07.1972 was chosen as on the said date Basic Shiksha Parishad was constituted under Basic Shiksha Adhiniyam, 1972.
(3.) PETITIONER represented that his father who was headmaster in a primary school, which had later on been taken over by Basic Shiksha Parishad died -in -harness on 11.11.1972, hence he should be given appointment as teacher under Dying -in -harness Rules as modified by the aforesaid Government Orders. Believing the version of the Petitioner to be true, Petitioner was given appointment on 30.12.1991 (after more than 17 years of death of his father) as Assistant Teacher in Primary Pathshala No. 1, Jani Khurd, Tehsil and District Meerut.;