A.K.Yog, J. - (1.) Chandra Bhan Singh Rathore, petitioner, filed this petition in the year 1993 with the following prayer : (a) to issue a writ order or direction in the nature of mandamus directing the respondents to appoint the petitioner on the class IIIrd Post in the Kunwar Ram Chandra Singh Girls Inter College, Mainpuri, the institution on in which the mother of the petitioner was working as a Assistant Teacher in J.T.C. Grade; (b) to issue any other writ order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case; (c) to award the cost of the petitions of the petitioner.
(2.) The facts of the case are that petitioner secured Bachelor Degree (in Arts) in the year 1971. Mother of the petitioner Smt. Rami Bai Rathore was working as Assistant Teacher (J.T.C. Grade in educational institution Kunwar Ram Chandra Singh Girls Inter College, Mainpuri. It is not stated in the petition whether said institution is a 'recognised', or 'Government Aided' institution. It is, therefore, not clear from the record whether U.P. Intermediate Education Act, 1921 is applicable to the institution in question. The said Smt. Rami Bai Rathore died in harness on2nd January, 1984.
(3.) There is nothing on record to show as to what happened after her death in January, 1984 till 15th February, 1993 nor one can find as to what the petitioner (son of said deceased employee--Smt. Rami Bai Rathore) was doing after completing his graduation in 1971 (para 4 of the Petition) and immediately on the death of his mother in the year 1984. Therefore, it cannot be ascertained, on the basis of the record available on date, whether petitioner was gainfully employed when his mother died in January, 1984.;