N.K.Mehrotra, J. - (1.) By means of this writ petition, the petitioner is seeking appointment under the Uttar Pradesh Recruitment of dependents of Government Servants Dying in Harness Rules, 1974.
(2.) According to the petitioner, his father Shri Tezdar Khan was Principal in Dr. G.K. Jaitley Inter College, Akbarpur, District Ambedkar Nagar. Shri Tezdar Khan died on 4.12.1977 when he was working as principal. At the time of the death of father of the petitioner, five successors were major and 4 were minor under the Guardianship of Smt. Kubera Begum, the mother of the petitioner. The petitioner applied to the D.I.O.S., Faizabad for appointment under the aforesaid Rules on 10.12.1977. Afterwards, the petitioner made an application before the Governor on 19.12.2001 and to the Minister for State on 28.3.2001. The D.I.O.S. referred the matter to the U.P. Government for obtaining permission but no permission was given.
(3.) In the counter affidavit filed by the D.I.O.S., it is stated that on the death of Tezdar Khan on 4.12.1977 and after his death, no claim was made by any of his dependents. Smt. Kubera widow of late Tezdar Khan filed a writ petition No. 9165 (S/S) of 1993 for family pension. The judgment passed in that writ petition for grant of family pension was complied with. The petitioner has filed this writ petition after 26 years from the date of death of his father. It is stated that at the time of the death of the petitioners father, there was no provision for giving appointment to the dependents of the deceased teacher/principal working in the recognised aided educational institution. The U.P. Government Servants Dying in Harness Rules, 1974 were not applicable in the case of the teachers of the aided educational institution.;