Manoj Kumar Gupta, J. - (1.) The petitioner is aggrieved by order dated 20.9.2016, by which the Manager of the Committee of Management of Maulana Azad Junior High School Chak Kamal/Sri Nagar Hapur has rejected the claim of the petitioner for appointment under the dying in harness rules, consequent to death of his mother Smt. Pratima Rani on 5.7.2010, while in harness as an Assistant Teacher. The claim of the petitioner has been rejected on the ground that his father Ravindra Kumar is in employment of Central Government as an electrician in Army Work Shop and thus, he is excluded under the U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 from being granted compassionate appointment.
(2.) Learned counsel for the petitioner submitted that there had been a mutual separation between his father and mother. A copy of the agreement dated 23.5.2006 between them is being relied upon in this regard. The agreement in question is on stamp paper of Rs. 10 and it states that both of them have mutually aggrieved to live separately in view of the fact that Ravindra Kumar had become a Sadhu and is not even attending to his official duties.
(3.) In the impugned order, the aforesaid plea of the petitioner has been given a due consideration. It has been found that although the petitioner has claimed that his father had renounced the world and has no concern with the family but after the death of Smt. Pratima Rani, he is drawing the family pension. It has further been observed in the impugned order that in case Ravindra Kumar had renounced the word and was having no concern with the petitioner, the petitioner ought to have objected to the drawing of family pension by his father. In paragraph 27 of the writ petition, it is admitted that at the time of death of his mother, the petitioner was 21 years of age, thus, there was no impediment in the way of petitioner to claim family pension or to object to the drawing of family pension by his father. Since no such objection was raised by the petitioner, therefore, the claim of the petitioner based on alleged agreement executed on stamp paper of Rs. 10 between his father and the mother has been disbelieved. Indisputably, there is no decree of divorce or separation by any competent Court of law between the deceased mother of the petitioner and his father.;