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1999 Supreme(All) 1692
IN THE HIGH COURT OF ALLAHABAD
A. K. Yog, J.
CHANDRA BHAN SINGH RATHORE - Appellant
Versus
DISTRICT INSPECTOR OF SCHOOLS - Respondents
Civil Misc. Petition 44534 Of 1993
Decided On : 10/28/1999
B.R.Singh, R.L.Singh
Compassionate appointments must be made immediately on the death of the employee and that supernumerary posts shall be in Class IV only.
Headnote:
COMPASSIONATE APPOINTMENT - U. P. INTERMEDIATE EDUCATION ACT, 1921 - REGULATIONS 101 TO 107 - SUMMARY
Fact of the Case:
Petitioner's mother, an assistant teacher, died in harness in 1984. Petitioner applied for compassionate appointment in 1993, about 9 years after his mother's death. He was offered a Class IV post, but he claimed he should have been offered a Class III post.
Finding of the Court:
The court found that the petitioner's application was highly belated and that there was no explanation for the delay. The court also found that the petitioner was not entitled to a Class III post under the relevant regulations.
Issues: 1. Whether the petitioner's application for compassionate appointment was time-barred. 2. Whether the petitioner was entitled to a Class III post.
Ratio Decidendi: 1. The court held that the petitioner's application was time-barred because it was filed about 9 years after his mother's death. The court noted that the regulations provide that compassionate appointments must be made immediately on the death of the employee. 2. The court held that the petitioner was not entitled to a Class III post because the regulations provide that supernumerary posts shall be in Class IV only.
Final Decision: The court dismissed the petition.
( 1 ) CHANDRA Bhan Singh Rathore, petitioner, filed this petition in the year 1993 with the following prayer :
(a) to issue a writ order or direction in the nature of mandamus directing the respondents to appoint the petitioner on the class IIIrd Post in the Kunwar Ram Chandra Singh Girls Inter college, Mainpuri, the institution on in which the mother of the petitioner was working as a assistant Teacher in J. T. C. Grade; (b) to issue any other writ order or direction which this Honble Court may deem fit and proper in the circumstances of the case; (c) to award the cost of the petitions of the petitioner.
( 2 ) THE facts of the case are that petitioner secured Bachelor Degree (in Arts) in the year 1971. Mother of the petitioner Smt. Rami Bai Rathore was working as Assistant Teacher (J. T. C. Grade in educational institution Kunwar Ram Chandra Singh Girls Inter College, Mainpuri. It is not stated in the petition whether said institution is a recognised, or government Aided institution. It is, therefore, not clear from the record whether U. P. Intermediate Education Act, 1921 is applicable to the institution in question. The said Smt. Rami Bai Rathore died in harness on2nd january, 1984.
( 3 ) THERE is nothing on record to show as to what happened after her death in January, 1984 till 15th February, 1993 nor one can find as to what the petitioner (son of said deceased employee--Smt. Rami Bai Rathore) was doing after completing his graduation in 1971 (para 4 of the Petition) and immediately on the death of his mother in the year 1984. Therefore, it cannot be ascertained, on the basis of the record available on date, whether petitioner was gainfully employed when his mother died in January, 1984.
( 4 ) IT is alleged that petitioner filed an application (Annexure 2 to the Writ Petition) for compassionate appointment on 16th February, 1993 i. e. , after about 9 years of lapse after the death of his mother.
( 5 ) APPLICATION of the petitioner was considered under relevant Regulations 101 to 107 of the regulations framed under the Act. the composite order making compassionate appointment on compassionate ground on the pretext of his mother dying in harness was issued on April 22, 1993 (Annexure 5 to the Writ Petition ).
( 6 ) WRIT was filed on 8-12-1993. No interim order was passed in favour of the petitioner. Standing counsel, representing Respondent Nos. 1 and 3, was however, directed to file Counter-Affidavit vide Court order dated 8-12-1993. Counter-affidavit has been filed on behalf of Respondent Nos. 1 and 3. Respondent No. 2 has not been issued notice or served while case was pending admission.
( 7 ) I have heard learned Counsel for the petitioner as well as learned Standing Counsel at admission stage.
( 8 ) LEARNED Counsel for the petitioner has made two submissions: first submission on the behalf of the petitioner is that one Neeraj Dixit has been offered Class III post but petitioner, who is similarly and identically situated, discriminated without basis or on valid ground. Offer on a Class IV post to the petitioner is arbitrary (writ para 10 ).
( 9 ) PETITIONER has failed to give full details regarding his qualification nor he has impleaded said as Neeraj Dixit as Respondent in the present petition. The averments relating to Neeraj Dixit cannot be relied upon and gone into in his absence. Petitioner has also not given necessary details, for perusal of this Court, to specify that the case of Neeraj Dixit is identical and similar to that of the petitioner. Learned Counsel for the petitioner has fairly conceded that requisite pleadings were wanting.
( 10 ) SECOND submission on behalf of the petitioner is that he ought to have been offered Class III post in view of the judgment and order dated 14th May, 1993 passed by Honble R. B. Malhotra, j. in Writ Petition No. Nil of 1993, Sri Brijesh Kumar Dwivedi v. The Manager. Sri Nehru smarak Inter College, Saman, District Mainpuri and others (Annexure 4 to the Writ Petiti
