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2025 DAILYLAW 132413 (ALL)

ZAINAB NAZ, REPRESENTED BY LEGAL GUARDIAN I.E., GRAND FATHER IFTIKHAR KHAN v. STATE OF U.P. THRU. PRIN. SECY. BASIC EDUCATION , LUCKNOW AND 5 OTHERS

WRIA/3693/2025 · 2025-04-07

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19497 Court No. - 3 Case :- WRIT - A No. - 3693 of 2025 Petitioner :- Zainab Naz, Represented By Legal Guardian I.E., Grand Father Iftikhar Khan Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education , Lucknow And 5 Others Counsel for Petitioner :- Syed Mohd. Munis Jafari Counsel for Respondent :- C.S.C.,Abhinav Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard Syed Mohd. Munis Jafari, learned counsel for the petitioner, learned Standing Counsel for the State-respondent Nos.1 to 4 and Sri Abhinav Singh, learned counsel for the opposite party No.5. 2. In view of the proposed order, the notice to opposite party No.6 is hereby dispensed with. 3. Precisely, learned counsel for the petitioner has contented that the opposite party No.6 has obtained appointment under Dying-in-Harness Rules and she being a mother of the petitioner must look after here, but after getting appointment she got married with another person, namely, Mohd. Zeeshan and has been living with him. 4. As per the scheme of appointment under Dying-in-Harness, if any dependent is given appointment under the Rules, he/ she is duty bound to look-after the family members in the same manner as had been looked-after the deceased during his life time. 5. Sri Abhinav Singh, learned counsel for the District Basic Education Officer, Unnao has stated that inquiry is going on wherein the petitioner is not appearing as two dates have already been fixed. 6. Having considered the submissions of learned counsel for the parties, without entering into merits of the issue, the liberty is given to the petitioner to appear before the District Basic Education Officer, Unnao within ten working days along with her fresh representation taking all pleas and grounds which are available with her enclosing therewith the copies of the relevant documents in support of her claim which are necessary for disposal of the complaint and the District Basic Education Officer, Unnao shall dispose of such complaint strictly in accordance with law, with expedition. 7. It is needless to say that if the opposite party No.6 has got married with some one else after getting appointment under Dying-in-Harness Rules, the appropriate order may be passed by the District Basis Education Officer, Unnao by affording an opportunity of hearing to the opposite party No.6 as well as the petitioner. 8. In view of the aforesaid terms, the instant writ petition is disposed of finally. [Rajesh Singh Chauhan,J.] Order Date :- 7.4.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench