Mohammad Monis Alam vs State Of U.P. And 4 Others
2018 Latest Caselaw 1513 ALL

Citation : 2018 Latest Caselaw 1513 ALL
Judgement Date : 13 July, 2018

Allahabad High Court

Mohammad Monis Alam vs State Of U.P. And 4 Others on 13 July, 2018

Bench: Surya Prakash Kesarwani




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- WRIT - A No. - 14641 of 2018
 

 
Petitioner :- Mohammad Monis Alam
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Ajay Singh,Amrendra Nath Singh
 
Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi
 

 
Hon'ble Surya Prakash Kesarwani,J.

Heard learned counsel for the petitioner and the learned standing counsel for the State-respondents.

This writ petition has been filed praying to quash the order dated 11.6.2018 passed by the District Basic Education Officer, Bareilly, respondent no.3.

Learned counsel for the petitioner submits that Danish Alam Mohammad was an Assistant Teacher in Purva Madhyamik Vidyalay Nawada, Imamabad, Block Bhadpur, Tehsil Nawabganj, district Bareilly. He died in an accident on 30.01.2017. He was unmarried. The petitioner and his younger brother are also unmarried. The entire family was dependant for livelihood upon the income of the deceased Danish Alam Mohammad. The mother of the deceased also filed an affidavit before the respondent no.3 in which she has requested that the petitioner may be appointed on compassionate ground so that the family may survive. Despite all these facts on record, the respondent No.3 rejected the application on totally extraneous ground that the succession certificate is in favour of Smt. Ruksana Kausar (mother of the petitioner ).

Learned counsel for respondent nos. 2 and 3 supports the impugned order.

I have carefully considered the submission of the learned counsel for the parties.

The impugned order has been passed without considering the relevant facts and without recording a finding as to whether the petitioner is a dependant family member within the meaning of Rule 5 of the Dying in Harness Rules 1974. Under the circumstances, the impugned order cannot be sustained and is hereby quashed. The matter is remanded back to the respondent No.3 to pass a reasoned and speaking order in accordance with law, expeditiously, preferably within eight weeks from the date of presentation of a certified copy of this order, after giving reasonable opportunity of hearing to the petitioner.

The writ petition is allowed with the aforesaid directions.

Order Date :- 13.7.2018

Ak/