- (1.) D. P. Singh, J. Heard learned Counsel for the petitioner and Suresh Singh, learned Standing Counsel for the respondents.
(2.) IT fs pleaded that the father of the petitioner Late Shri Shiv Shankar Prasad was working as a Headmaster in Junior High School, Dev Gaon in district Fatehpur when he died in harness on 4. 6. 1989 and thereafter petitioner was granted com passionate appointment vide order dated 3. 10. 1997. However, without any notice or opportunity, the said order was cancelled vide order dated 8. 10. 1997 which is impugned in the connected petition No. 36028 of 2000. In pursuance of an order dated 18. 8. 2000 passed in the aforesaid connected petition, the respondents have passed a fresh order dated 28. 8. 2001 rejecting his representation and af firming the order dated 8. 10. 1997 which is challenged in the present petition. Learned Counsel for the petitioner has firstly urged that the order dated 8. 10. 1997 was passed without notice or opportunity and as such ought to be quashed. It is apparent from the record that in pursuance of the interim order passed in the connected petition, the representation of the petitioner has been decided afresh affirming the order dated 8. 10. 1997 and, therefore, it cannot be said that the order is ex-parte.
(3.) IT is next contended that the finding in the order dated 28. 8. 2001 that his father died on 4. 7. 1989 is not correct and the respondents have ignored the evi dence filed in support thereof and as such the order is vitiated. It is undisputed that the retirement date of the father of the petitioner was 30. 10. 1988 but he was given benefit of session extension uptil 30. 6. 1989. It is also evident from the record that the incharge Headmaster of the Institution had informed the respondents that in fact the father of the petitioner had died on 4. 7. 1989. One real brother of the petitioner viz. Shri Vijay Shankar Tripathi had given a letter dated 3. 7. 1989 to the Senior Assistant Teacher of the Institution that though his father had retired on 30. 6. 1989 he could not give the charge of the office because he was admitted in a hospital. The mother of the petitioner and wife of Late Shri Shiv Shankar Prasad claimed and was paid family pension w. e. f. 5. 7. 1989. It is also evident that the full salary for the month of June 1989 was credited and paid in the account of Shiv Shankar Prasad which has been paid and accepted by the petitioner's mother. All these documents proved beyond doubt that the father of the petitioner died after retirement on 4. 7. 1989.;