The importance of accommodating dependents in the same institution where the deceased employee was working for compassionate appointments.

This Special Appeal is directed against the interim order dated 10.8.2016 passed in Writ Petition No.37201 of 2016 (Committee of Management, Ramakant Seva Sansthan Madhyamik Kanya Vidyalay, Ramakant Nagar, Varanasi and another v. State of U.P. And Others) whereby an interim direction has been given to post the fourth respondent in the Institution of the petitioner and further that his appointment shall be subject to the decision of the writ petition.

2. Challenging the interim directions issued by the learned Single Judge, submission of learned counsel for the petitioner-Management is that in the matter of compassionate appointment of fourth respondent, there was no ocassion for the Basic Education Officer to transfer him from the Institution whereas he was first offered appointment against the vacant Class III Post in the Institution of fifth respondent namely Shri Shiv Karan Singh Gautam Uchchatar Madhyamik Vidyalay, Varanasi . As per the Government order dated 31.1.1997 pertaining to the appointment of the dependents of the deceased teaching and non teaching employees in unaided Junior High School, as far as possible, the appointment on compassionate ground is to be offered in the Institution in which the deceased employee was working. The mother of fourth respondent was working in Adarsh Vidya Kendra Balika Vidyalay Junior High-School, Bhuletan Varanasi, on the post of Incharge/Assistant Teacher. She died in harness on 27.12.2011. The claim of the fourth respondent namely Brijesh Gopal Khalifa was considered for compassionate appointment in accordance with the above noted Government Order dated 31.1.1997.

3. It appears that appointment on Class III Post in the Institution of fifth respondent was initially granted vide order dated 14.7.2015 passed by the District Basic Education Officer, Varanasi.

4. The record further indicates that the management of the said Institution namely Shri Shiv Karan Singh Gautam Uchchatar Madhyamik Vidyalay, Bhadauni, Varanasi did not allow the fourth respondent to join the post. He represented on 28.1.2016 before the District Basic Education, Varanasi. On such representation, the order dated 24.2.2016 was passed seeking explanation from the Management of the Institution namely Shri Shiv Karan Singh Gautam Uchchatar Madhyamik Vidyalay, Bhadauni, Varanasi as to why the fourth respondent has not been allowed to join.

5. Learned counsel for the appellant submits that the order dated 14.7.2015 was modified by the District Basic Education Officer vide order dated 25.7.2016 and the fourth respondent namely Shri Brijesh Gopal Khalifa was placed against the vacant Class III Post in the Institution of the petitioner/appellant namely Ramakant Seva Sansthan Madhyamik Kanya Vidyalay, Ramakant Nagar, Varanasi.

6. Aggrieved by the placement of fourth respondent, it filed Writ Petition No.37201 of 2016 out of which the present appeal arises. The grounds of challenge for placement of the fourth respondent before the learned Single Judge was that the fourth respondent was granted compassionate appointment and his name was earlier recommeded for appointment against the vacant post of Clerk in the Institution namely Shri Shiv Karan Singh Gautam Uchchatar Madhyamik Vidyalay, Varanasi.

7. The management of the said College did not permit him to join the Institution rather once Class III Post of Clerk has been notified by the Management of the said Insitution to be filled by direct recruitment. Under the relevant order, the District Basic Education Officer has the limited power to direct the concerned Commitee of Management to issue a letter of appointment. Once the name of the candidate was recommeded for appointment in another Insitution, there was no ocassion for the District Basic Education Officer for shifting him to the Institution of the petitioner. It is the Regional Commitee framed under the Government Order dated 31.1.1997 which has recommeded the fourth respondent for compassionate appointment. The