Ravi Nath Tilhari,J. - (1.) Heard Sri Arun Kumar Verma, learned counsel for the petitioner and Sri Pankaj Srivastava, learned Additional Chief Standing Counsel for opposite Party No. 1 to 5.
(2.) This writ petition has been filed for the following reliefs: i) Issue a writ, order or direction in the nature of "Mandamus" commanding the opposite party No.4 to consider and take appropriate decision for compassionate appointment of petitioner under Dying in Harness due to the death of father of petitioner, in accordance with the provisions of U.P. Recruitment of Dependents of Government Servants (Dying in Harness) Rules 1974 after taking into consideration the law laid down by this Hon'ble Court in the case of Smt. Vimla Srivastava Vs. State of U.P. and another, 2016 1 ADJ 21. ii) Issue any other order or direction, which this Hon'ble Court deems fit and proper in the circumstances of the case in favour of the petitioner in the interest of justice. iii) Award the cost of the writ petition in the favour of the petitioner."
(3.) Learned counsel for the petitioner submits that the petitioner's father, Sri Indrapal Yadav, who was working on the regular post of Senior Assistant at Kishan Higher Secondary School, Ismailpur, Barabanki died on 25.07.2020 during his service period. The petitioner, who is the married daughter of Late Indrapal Yadav applied for her appointment on compassionate ground. The petitioner's mother, Smt Kanti Devi (widow of Late Indrapal Yadav) had also given her no objection in favour of the petitioner. The Principal of Kishan Higher Secondary School, Ismailpur, Barabanki forwarded the petitioner's application after completing all the formalities, for the petitioner's compassionate appointment to the post of Class-IV, to the District Inspector of Schools, Barabanki on 18.01.2020. The District Inspector of Schools, vide a letter dated 22.03.2021 (Annexure 3 to the writ petition) wrote to the Principal, Kishan Higher Secondary School, Ismailpur, Barabanki that the married daughter cannot be given appointment on compassionate ground, as there was no such Government Order.;