Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 2102

IN THE HIGH COURT OF ALLAHABAD
J.J. Munir, J.
Satish Chandra - Petitioner
Versus
State of U.P. and others - Respondents
Civil Misc. Writ Petition No. 16406 of 2024
Decided On : 04-12-2024

Advocates:
Advocate Appeared:
For the Petitioner: Sudeep Dwivedi
For the Respondent: C.S.C. and Saurabh Tiwari

The Management of an educational institution lacks authority to appoint on compassionate grounds without following the prescribed regulatory procedures, rendering such appointments void.

Headnote:(A) Uttar Pradesh Intermediate Education Act, 1921 - Regulations 103-107 - Compassionate appointment - Petitioner appointed as Clerk without necessary approval from District Inspector of Schools (DIOS) - Appointment deemed void as it contravenes the regulatory framework - DIOS directed to process the appointment in accordance with regulations. (Paras 22-24)

(B) Compassionate appointment - Management lacks authority to appoint without following prescribed procedures - The role of the Management is limited to forwarding necessary information to the DIOS. (Paras 19-21)

(C) Typing test requirement - No provision mandates a typing test prior to compassionate appointment; the focus is on the candidate's qualifications and subsequent compliance with typing speed requirements. (Paras 10-12)

Facts of the case:
The petitioner, son of a deceased employee, sought appointment as a Clerk on compassionate grounds after his father's death. The appointment was made by the Management without DIOS approval, leading to the present writ petition.

Findings of Court:
The appointment is void due to non-compliance with the regulatory framework; the DIOS must follow the proper procedure for compassionate appointments.

Issues: Whether the Management was required to conduct a typing test before appointing the petitioner on compassionate grounds.

Ratio Decidendi: The court held that the Management's role is limited to forwarding information to the DIOS, and the appointment must comply with the regulations governing compassionate appointments.

Result: Writ petition allowed with directions for proper processing of the appointment.

JUDGMENT :

J.J. Munir, J.

The petitioner, Satish Chandra, has applied for the issue of a writ, order or direction in the nature of mandamus, commanding the District Inspector of Schools, Kasganj (for short, 'the DIOS') to grant approval to his appointment as a Clerk with the Sant Tulsidas Municipal Inter College, Soron, Kasganj (for short, 'the Institution') made by the Management on 6.3.2024 under the Dying-in-Rules.

2. The Institution is run and managed by the Nagar Palika Parishad, Soron, Kasganj and the Chairman of the Nagar Palika is the ex officio Manager thereof. The Institution is governed by the provisions of the Uttar Pradesh Intermediate Education Act, 1921 (for short, 'the Act of 1921') and the Regulations framed thereunder as also Government Orders issued from time to time. Payments of salaries to teachers and other employees working with the Institution are made under the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (for short, 'the Act of 1971'). The petitioner's father, the late Lala Ram, was a peon with the Institution and died in harness on 8.11.2023. The petitioner, being the deceased employee's son, applied for appointment against a suitable post. There are three posts of clerks sanctioned for the Institution, out of which two are occupied with incumbents working thereagainst. There is a vacancy of one due to Ravi Kumar Parashar's services being terminated by the Management on 8.12.2008. The said order is under challenge before this Court at the instance of Parashar in Writ-A No. 7688 of 2009. There is no interim order granted in the said petition. Parashar is scheduled to superannuate in the year 2026 and the post is vacant since the year 2009.

3. The petitioner, being eligible for the post of a clerk, was considered for compassionate appointment in accordance with Regulations 103-107 of Chapter III of the Regulations framed under the Act of 1921. The petitioner made his application on 27.1.2024, upon which consideration followed. After due selection, the petitioner was appointed by the Manager of the Institution by a letter of appointment dated 6.3.2024, appointing him as a Clerk. The petitioner joined his duties on 11.3.2024. On the 30th of March, 2024, the Principal of the Institution addressed a letter to the DIOS, requesting him to include the petitioner's name on the Human Resource Portal for the purpose of payment of his salary. On 12.4.2024, the Chairman of the Nagar Palika Parishad, Soron, Kasganj/the Manager of the Institution addressed a letter to the DIOS, seeking approval for the petitioner's appointment and further requested him to record the petitioner's name on the Human Resource Portal for the purpose of payment of salary. On the 3rd of May, 2024, the DIOS addressed a letter to the Joint Director of Education, Aligarh and requested him to provide guidance in the matter of approval of appointment to the Clerk's post with the Institution, the petitioner having been appointed on compassionate grounds by the Management and given charge.

4. The Manager of the Institution later, addressed a letter dated 10.6.2024 to the Joint Director of Education, Aligarh, apprising him of the position regarding the petitioner's appointment on compassionate grounds as also the position of vacancy in the cadre of clerks, the applicability of the Act of 1921 to the Institution as well as the Regulations framed thereunder. The Joint Director of Education, Aligarh Region, Aligarh wrote back to the DIOS, vide his memo dated 10.7.2024. It says that the DIOS had sought guidance about the petitioner's appointment on compassionate grounds as a Clerk with the Institution on a supernumerary post. It is remarked that the Institution is governed in the matter of payment of salary by the Act of 1971. Therefore, the DIOS was asked to consider the petitioner's case in accordance with Chapter III, Regulation 105 of the Regulations framed under the Act of 1921. T