COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 833/2003 Anil Bahuguna …….Petitioner Versus Basic Education Officer, Dehradun (New Tehri) & Others …….Respondents Sri Ravi Babulkar, learned Counsel for the petitioner. Sri H.M. Raturi, learned Standing Counsel for the respondents. 23rd July, 2008 Hon’ble P.C. Verma, J. By means of this writ petition the petitioner has prayed for a writ of certiorari for quashing the order dated 19.7.2003 (Annexure 13) issued by the respondent no. 4 i.e. Director Education, Dehradun and has further prayed for a writ of mandamus commanding the respondent no. 1 i.e. Basic Education Officer, Tehri Garhwal to appoint the petitioner as Assistant Teacher under the Dying in Harness Rules. 2. Petitioner’s mother Smt. Yasodha Bahuguna, who was the Head Mistress in Basic (Primary) School, died in harness on 4.2.2002. Petitioner applied for appointment on compassionate ground under the Dying in Harness Rules in terms of the Government Order dated 4.9.2000, which provides that dependants of the teachers and non- teaching employees are entitled for compassionate appointment under the Dying in Harness Rules. Copy of the said Government Order has been filed as Annexure No. 6 to the writ petition. 2 3. Petitioner is Sahitya Ratan and Shiksha Visarad from Hindi Sahitya Sammelan Prayag. After moving of the application by the petitioner, the Basic Education Officer sought direction from the higher authorities about the equivalence of Sahitya Ratan and Sahitya Visarad to B.A. and B.Ed. respectively. Thereafter his application for compassionate appointment was rejected vide the impugned order dated 19.7.2003 on the ground that the degrees obtained by the petitioner are though equivalent to B.A. but the same cannot be treated as full certificate or degree examination. These facts have not been disputed in the counter affidavit. 4. In the counter affidavit, it has been admitted by the respondents that the Sahitya Ratan is equivalent to B.A. H.N.B. Garhwal University, Srinagar has also issued the equivalence certificate dated 20.5.2002, which clearly demonstrates the equivalence of Hindi Sahitya Ratan with other subjects. Ministry of Human Resource Development, Government of India vide its instruction dated 12.8.1988 has also considered the Sahitya Ratan as equivalent to Graduation. 5. In view of my foregoing discussion, writ petition is disposed of finally with direction to the respondents to reconsider the matter in the light of the observations made above. No order as to costs. (P.C. Verma, J.) 23.7.2008 Prabodh