- (1.) The mother of the petitioner Smt. Saroj Kumari was working as an Assistant Teacher in Primary School Guchawali, Jahangirabad, District Bulandshahar, died in harness on 1.10.2008 leaving behind two sons including the petitioner. According to the petitioner, he is qualified and eligible for appointment on the post of Assistant Teacher in a Primary School, run by Basic Siksha Parisad, Allahabad. The respondent No. 3, Secretary U.P. Basic Education Board, Allahabad rejected the application of the petitioner for appointment under the dying in harness rules on 27.4.2010, for the reason, that the father of the petitioner is an employee of the State Government and was drawing salary, hence the petitioner is not entitled to appointment. The order dated 27.4.2010 and the consequential order dated 3.5.2010 passed by respondent No. 2, Secretary, Basic Education Board, Allahabad and respondent No. 3, District Basic Siksha Adhikari, Bulandshahar, respectively, is being questioned in the present writ petition.
(2.) I have heard the learned counsels for the parties and perused the records.
(3.) It is not disputed that the provisions of Uttar Pradesh Recruitment of Dependants of Government Servants (Dying in Harness) Rules 1974 (the Rules) is applicable upon the petitioner. Rule 5 provides for recruitment of a member of the family of the deceased. Rule 5(1) reads as follows: "5. Recruitment of a member of the family of the deceased: (I) In case a Government servant dies in harness after the commencement of these rules and the spouse of the deceased Government servant is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government, one member of his family who is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government shall, on making an application for the purposes, be given a suitable employment in Government service on a post except the post which is within the purview of the Uttar Pradesh Public Service Commission, in relaxation of the normal recruitment rules if such person-- (i) fulfils the educational qualifications prescribed for the post, (ii) is otherwise qualified for Government service, and (iii) makes the application for employment within five years from the date of the death of the Government servant:";