Back
IN THE HIGH COURT OF ALLAHABAD
MANJIVE SHUKLA, J.
Subhash Chand - Petitioner
Versus
State of U.P. and Others - Respondents
Writ - A No. 8741 of 2023
Decided On : 18-07-2023
Compassionate Appointment - U.P. Basic Education Board - 04.09.2000, U.P. Right of Children to Free and Compulsory Education Rules, 2011 - The court discussed the provisions of the U.P. Basic Education (Teachers Service Rules, 1981), N.C.T.E. Norms, and U.P. Right of Children to Free and Compulsory Education Rules, 2011. The court found that after the enforcement of U.P. Right of Children to Free and Compulsory Education Rules, 2011, no one could be appointed as a teacher without passing the Teachers Eligibility Test (T.E.T.). The court upheld the cancellation of the petitioner's appointment as an untrained Assistant Teacher and directed the consideration of the petitioner's claim for compassionate appointment against existing Class-III/Class-IV vacancies.
Fact of the Case:
The petitioner's father, a Headmaster, died in 2008. The petitioner applied for compassionate appointment as an Assistant Teacher, which was later terminated due to the lack of T.E.T. qualification. The court upheld the termination but directed consideration of the petitioner's claim for compassionate appointment against Class-III/Class-IV vacancies.
Finding of the Court:
The court found that the petitioner's claim for compassionate appointment on Class-III/Class-IV post should have been considered within two months as directed by the court in a previous judgment. The rejection of the petitioner's claim for compassionate appointment after 11 years was illegal and violated the court's previous direction.
Issues: The issues involved the legality of the petitioner's compassionate appointment, the cancellation of the appointment due to the lack of T.E.T. qualification, and the rejection of the petitioner's claim for compassionate appointment after 11 years.
Ratio Decidendi: The court held that the petitioner's claim for compassionate appointment on Class-III/Class-IV post should have been considered within two months as directed by the court in a previous judgment. The rejection of the petitioner's claim for compassionate appointment after 11 years was illegal and violated the court's previous direction.
Final Decision: The writ petition was allowed, and the order rejecting the petitioner's claim for compassionate appointment was quashed. The matter was remanded to the U.P. Basic Education Board to consider the petitioner's case for compassionate appointment on Class-III/Class-IV post within two months.
JUDGMENT :
1. Heard learned counsel appearing for the petitioner, Sri Ashish Kumar Nagwanshi, learned Additional Chief Standing Counsel appearing for the State and Sri Ashutosh Mishra, learned counsel appearing for the Respondents No. 3 and 4.
2. Petitioner through this Writ Petition has challenged the order dated 20.02.2023 passed by the Respondent No. 3 i.e. Secretary, U.P. Basic Education Board, Prayagraj whereby his case for compassionate appointment has been rejected on the ground that petitioner’s father, while working as Headmaster, died on 02.08.2008 and, therefore after elapse of about 11 years, there is no justification to provide compassionate appointment to the petitioner on Class III/Class IV post and further petitioner has also not submitted his application for compassionate appointment on the format prescribed by the State Government.
3. The facts of the case, in brief, are that father of the petitioner, while working on the post of Headmaster in a primary school run under U.P. Basic Education Board in District Baghpat, died in harness on 02.08.2008.
4. State Government has issued a Government Order on 04.09.2000 whereby it has been provided that if any dependent of a teacher who has died in harness applies for compassionate appointment on the post of Assistant Teacher and if he does not possesses training qualification required for such appointment then he will be appointed as untrained teacher and after such appointment, the appointee shall be sent to the District Institute for Education and Training for requisite training and after completing training, he will be given appointment on the regular post of Assistant Teacher. The aforesaid Government Order dated 04.09.2000 further provides that if the dependent of the government servant possess minimum educational qualification of Intermediate then he can be given compassionate appointment on the posts of clerical cadre in the offices run under Basic Education Board. The relevant portion of the Government Order dated 04.09.2000 is extracted as under :
5. Petitioner, after death of his father, applied for compassionate appointment on the post of Assistant Teacher in terms of the aforesaid Government Order dated 04.09.2000 and the District Basic Education Officer, Baghpat issued appointment letter on 30.07.2011 whereby petitioner was appointed as untrained Assistant Teacher in Primary School, Suroorpur-Ist, Block-Baghpat, District Baghpat. Petitioner pursuant to aforesaid appointment letter submitted joining in the primary school in District Baghpat and started discharging duties attached to his post.
6. Later on, the District Basic Education Officer, Baghpat passed an order on 28.08.2012 whereby services of the petitioner were terminated with effect from the date of his initial compassionate appointment. The District Basic Education Officer, Baghpat while passing termination order dated 28.08.2012 has said that since on 27.07.2011 U.P. Right of Children to Free and Compulsory Education Rules, 2011 have been enforced and, therefore with effect from 27.07.2011, no one can be appointed as teacher in the primary school run by U.P. Basic Education Board unless he has passed out Teachers Eligibility Test (T.E.T.) and since petitioner was given compassionate appointment and he has not passed out Teachers Eligibility Test, therefore, his services are liable to be terminated with effect from the date of initial compassionate appointment.
7. At this juncture, it is noteworthy that the aforesaid Government Order dated 04.09.2000 provides that a person seeking compassionate appointment must submit his application within a period of five years from the date of death of the employee and if the said application is submitted after the aforesaid period of five years then the same will be referred to the Secretary, U.P. Basic Education Board, Prayagraj and in turn, the said application will be further referred to the State Government and if the State Government finds justifiable reasons f
The main legal point established in the judgment is that the rejection of a claim for compassionate appointment after 11 years, when the petitioner had already applied for compassionate appointment i....
The court emphasized that in matters of compassionate appointment, one cannot insist on appointment to a particular post, and the provisions of the Government order dated 04.09.2000 regarding the rem....
Compassionate appointment is an exception to the general rule and is provided to enable the family to tide over the sudden crisis caused by the death of the bread earner. The appointment can only be ....
Cancellation of appointment after 19 years, without following proper disciplinary inquiry procedures, and based on a complaint, was unsustainable.
The main legal point established in the judgment is that compassionate appointment cannot be claimed as a matter of right, but if an applicant is bona fide and fulfills the necessary qualifications, ....
Compassionate appointment - Government Resolution - Petitioner was 8th standard pass and educational qualification at relevant point of time was 4th standard pass and subsequently he acquired qualifi....
Point of Law : As more than 30 years have passed since the father of the petitioner/appellant had expired, neither there is any useful purpose to issue any positive direction, nor the facts of the ca....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
