UPTET : Amazing in HC, petitioner has not qualified the Teachers' Eligibility Test wants compassionate appointment

UPTET : Amazing in HC, petitioner has not qualified the Teachers' Eligibility Test wants compassionate appointment

Kamaaal hai, See -

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

?Court No. - 6 
Case :- SERVICE SINGLE No. - 552 of 2013 
Petitioner :- Km. Pankshi Singh 
Respondent :- State Of U.P.Thru Its Secy.Basic Edu.Civil Sect.Lucknow &Ors 
Petitioner Counsel :- Anurag Srivastava 
Respondent Counsel :- C.S.C. 

Hon'ble Shabihul Hasnain,J. 
Heard Sri Anurag Srivastava, learned counsel for the petitioner, Sri Ghaus Beg for opposite party No.s 4 to 6 and learned Standing counsel for the State. 
Petitioner was granted compassionate appointment after the death of his father on the post of Assistant Teacher vide order dated 30.9.2011. He says that the same is being sought to be taken away vide annexure No.2 dated 9.7.2012. Counsel for the opposite party says that that the petitioner has not qualified the Teachers' Eligibility Test (in short T.E.T). Petitioner says that once an appointment has been given to her in pursuance of a statutory law, the same can not be taken away. It is further argued that T.E.T. is a written test, which should not be forced upon the petitioner for compassionate appointment.
On the other hand, learned counsel for opposite parties has placed before this Court judgment and order of this Court passed at Allahabad in a petition bearing Writ-A No.33828 of 2012. He says that benefit of this appointment can not be given to the petitioner unless he has qualified T.E.T. as has been held in aforesaid judgment. 
Learned counsel for the petitioner has, however, submitted that the said order is under challenge in special appeal and the special appeal is pending before this Court at Allahabad. He says that compassionate appointemnt is a benevolent law which should be interpreted in all possible ways to help a person whose bread earner has been snatched away by the cruel hands of death. The sudden penury which strikes the family is sought to be nullified by the authorities under Dying in Harness Rules. 
Under the circumstances, the petition is finally disposed of with a direction to the opposite parties to consider the case of the petitioner for the compassionate appointemnt on another suitable post for which the petitioner is eligible under Dying in Harness Rules applicable for appointment. The same shall be decided expeditiously, say within a maximum period of one month from the date a certified copy of this order is placed before him. 
The termination of petitioner's services shall remain subject to the final decision of the special appeal which is pending before this Court at Allahabad. 
Order Date :- 1.2.2013/RKM. 

Source : http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=2353989

*****************************

Meree samjah mein decision nahin aa rahe hain,

Kya Mritak Aashrit ke leeye TET must hai.

Abhee pichle decsion mein to mujhe lagta hai ki TET jarooree nahin batayaa.

Please koee explain kare.

Thanks,