- (1.) BHARATI Sapru, J. Heard learned Counsel for the petitioner, Shri Suresh Singh, learned Counsel for the respondent Nos. 2 and 4 and learned Standing Counsel for the other respondents.
(2.) THE petitioner has filed the present writ petition praying for a writ of certiorari to quash the impugned order dated 3-1-2003 passed by the Zila Basic Shiksha Adhikari, Fatehpur, who has refused to grant to the petitioner relief of pension, Insurance, Provident Fund and other benefits due to the late mother of the petitioner and has also refused to give to the petitioner employment on the post of a clerk under the Dying in Harness Rules. The facts of the case are that the petitioner claims that the petitioner's mother Shakuntala Devi was working on the post of a Head Mistress in Kanya Primary Pathshala, Anug, District Fatehpur. The petitioner contends that the petitioner's mother rendered continuous service from the year 1969 to 2001. During the course of her employment, the petitioner's mother died on 17-11-2001 while she was posted as Head Mistress in Kanya Primary Pathshala, Anug, District Fatehpur.
(3.) AFTER the death of his mother, the petitioner applied for employment under Dying in Harness Rules on 8-3-2002. It is the petitioner's case that he kept on approaching the authorities, who paid no heed to his application. Ultimately, the petitioner was served with a copy of the order dated 3-1-2003 which is the impugned order, by which it has been held that the very appointment of the mother of the petitioner was illegal and, therefore, no post retirement benefits could be paid to her. The salary, which has been received by Smt. Shakuntala Devi, the petitioner's late mother is liable to be recovered from movable and immovable properties of the mother and since the appointment itself was illegal and had been obtained on the basis of fraud, no right accrued to the petitioner to get any employment under the Dying in Harness Rules. This Court passed an order by which the record of the H. T. C. examinations held in the year 1966 have been produced in original before this Court. Smt. Shakuntala Devi, late mother of the petitioner, had obtained service as a teacher in the Department concerned, on the basis of a certificate, whereby, she claimed to be a trained teacher, having the H. T. C. certificate, which is a certificate of teachers training. The qualifications as obtained by the petitioner's late mother when she obtained service was Vidya Vinodani passed alongwith H. T. C.;