IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION (S/S) No. 1718 of 2005 Smt. Uma Shastri ………….Petitioner Versus Basic Shiksha Adhikari and others ……...Respondents. Present : Ms. Indu Sharma, Advocate for the petitioner. Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand. Hon’ble Sudhanshu Dhulia, J. (Oral) 1. Heard Ms. Indu Sharma, Advocate for the petitioner and Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand. 2. The husband of the petitioner was a Headmaster in a Government Primary School who died while in harness in the year 1999. Thereafter the petitioner sought appointment on compassionate appointment under U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974 (from hereinafter referred to as Dying in Harness Rules). There is only one application on record pertaining to the date 7.7.2005 by the District Sainik Welfare and Rehabilitation Officer, Haldwani, Nainital forwarding the application of the petitioner for appointment on compassionate ground to the District Magistrate, Nainital. Subsequently, on record there is an application (Annexure no. 6 to the writ petition) dated 30.8.2005 by the petitioner to the Joint Director of Education, Kumaon Region, Nainital stating that the petitioner should be appointed on the post of Assistant Teacher. Factually therefore, after the death of her husband, the petitioner was seeking compassionate 2 appointment under the Dying in Harness Rules on the post of Assistant Teacher! 3. On record, the petitioner at the relevant time was having only intermediate qualification and the qualification for the post of Assistant Teacher in Primary School was graduation along with BTC training or B.Ed. The petitioner admittedly was not having the required qualifications at the relevant time. Moreover, this is the considered view of this Court that the appointment cannot be made on compassionate ground to the post of Assistant Teacher. There is nothing on record to show that the petitioner ever applied for a class III post i.e. on a clerical or a class IV post, at the relevant time. No relief therefore can be granted to the petitioner at this stage. 4. Writ petition therefore fails and is hereby dismissed. 5. No order as to costs. (Sudhanshu Dhulia, J.) 22.11.2011 Avneet