- (1.) HEARD learned counsel for the parties and perused the record.
(2.) THIS intra -court appeal has been preferred by the appellant challenging validity and correctness of the impugned judgment and order dated 08.12.2011 passed by learned Single Judge, in Writ -A No.70562 of 2011, Shobhit Kumar Mallik Vs. State of U.P. and another (copy of which is annexed with memo of the present special appeal) dismissing the writ petition, as also the order dated 20.08.2011 passed by District Basic Education Officer, Bijnor (Annexure No.3 to the writ petition), praying for issuance of mandamus against respondents by directing the respondent no.1 to decide pending application dated 27.09.2011, moved by the appellant and to issue appointment order in his favour considering the pending representation of the appellant before respondent no.1, on the post of Assistant Teacher in Basic Primary/Junior High School, U.P. within specific short time under law.
(3.) BRIEF facts giving rise to the present appeal are that Chetan Singh, father of the appellant died on 13.01.2003 during service on the post of Assistant Teacher in Basic Parishadiya Vidyalaya Badhapur, Bijnor. For the first time, mother of the appellant moved an application before District Basic Education Officer, Bijnor, on 20.03.2003, asserting therein that she has no major son and she wants to avail facility to be provided to her son, under dying in harness Rules, when her son would attain majority. The appellant moved an application seeking compassionate appointment on 25.07.2011 after completion of his education up to graduation. Prior to the above period, the appellant moved an application dated 25.06.2007 whereby request was made to the District Basic Education Officer, Bijnor that he may be given appointment on the post of Assistant Teacher on compassionate ground after he completes his graduation and he is studying for the time being in Class 12th. In this application, request was also made to the District Basic Education Officer, Bijnor, to keep one post reserved till the appellant completes his education. An application dated 25.07.2011 was rejected by the District Basic Education Officer, on 20.08.2011 the petitioner filed the aforesaid writ petition challenging the above order of rejection on the ground that it is erroneous as the same has been passed on the ground of delay particularly that the application was moved after five years of the death of the appellant's father.;