AHSHAN ULLAH KHAN Vs. STATE OF U P THRU SECY BASIC EDU DEPTT CIVIL SECTT LKO &ORS
LAWS(ALL)-2017-11-104
HIGH COURT OF ALLAHABAD
Decided on November 20,2017

AHSHAN ULLAH KHAN Appellant
VERSUS
STATE OF U P THRU SECY BASIC EDU DEPTT CIVIL SECTT LKO AndORS Respondents

JUDGEMENT

Vivek Chaudhary, J. - (1.) By the present writ petition, petitioner challenges appointment order dated 27-04-2017 issued by respondent no. 3, by which respondent no. 4 has been appointed on the post of Anuchar in Uchhtar Prathmik Vidyalaya, Gaurigaj-1st District-Amethi after death of his father, while he was in service. His grievance is that after death of his father, respondent no. 4, who is his younger brother, was given appointment? under 'Dying in Harness Rules, 1974'.
(2.) Learned counsel for petitioner submits that respondent no. 4 is not taking proper care and looking after dependents of deceased's family.
(3.) Rule 5 of Dying in Harness Rules, 1974 makes it incumbent upon a person, appointed under 'Dying in Harness Rules, 1974, to look after and take care of all the dependents of the deceased employee. Admittedly, petitioner is dependent of the deceased employee. Hence, it is duty of respondent no. 4, younger brother of petitioner, who was appointed under 'Dying in Harness Rules, 1974, to look after and take care of petitioner also.;


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