S.R. Singh, J. - (1.) Petitioners father late Sri Ghulam Mustufa Khan was an Asstt. Teacher in the Primary Section attached to Daulat Hussain Muslim India Higher Secondary School, Noor Ullah Road Allahabad, an Institution recognised as Higher Secondary School under the provisions of the U.P. Intermediate Education Act, 1921. He died in harness on 11-4-1991. The petitioner applied on 23-4-1991, for appointment in place of his father under the Dying-in-harness Rules as a dependent of a teacher dying-in-harness. Having drawn a blank to get any relief from the department, the petitioner has approached this Court. Under Article 226 of the Constitution of India.
(2.) The hearing of the petition culminated in grant of an interim order dated 20-4-1992 which "directed the respondents to give a suitable appointment to the petitioner under the Government Servants Dying-in-harness Rules, 1974 or to show cause by filing an affidavit in this court, before the next date of hearing." It is stated at the bar that in observance of the interim mandamus issued by the Court the Management of the Institution issued an appointment order in favour of the petitioner on 1-7-1992 as Assistant Teacher in the Primary Section attached to the Institution, but the District Inspector of Schools, neither accorded approval to the appointment of the petitioner nor ordered payment of salary. The stand in the counter-affidavit tiled on behalf of the District Inspector of Schools, to sum up, is that in the case of death of a teacher working in primary section, executive instruction or the Government order is wanting warranting appointment of his dependant in the primary section attached to a Higher Secondary School. The stand taken in the counter-affidavit has found its echo in the argument advanced by Sri S.P. Singh, standing counsel appearing for the State Authorities.
(3.) Placing reliance on paragraph 2 of the Government order dated 23rd March, 1994, Sri R.K. Jain has, on the other hand, urged that by G.O. dated 23-3-1994, a provision has been made for appointment of the dependant of a teacher dying-in-harness, as a teacher in Basic Schools governed by U.P. Basic Education (Teachers) Service Rules, 1981 and the principle contained in the said G.O. would apply.;