Court No. - 32

Case :- WRIT - A No. - 16385 of 2021

Petitioner :- Sujeet Kumar Tiwari

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Ramesh Chandra Dwivedi

Counsel for Respondent :- C.S.C.

Hon'ble Siddharth,J.

Heard learned counsel for the petitioner and the learned

Standing Counsel for the State-respondents.

This writ petition has been filed praying for direction to

respondent no.3 to consider granting compassionate

appointment to the petitioner as Assistant Teacher (Art)

either in Nehru Inter College, Semri, Sukrauli, District

Kushinagar or any other institution as required under

regulation 106 of Chapter III of the regulations framed

under the U.P. Intermediate Education Act, 1921.

In para 17 of the writ petition, clear averment has been

made that post of Assistant Teacher (Art) is lying vacant in

Mahaveer Inter College, Pawanagar Fazilnagar, District

Kushinagar as well as in other institutions which are in the

knowledge of the District Inspector of Schools,

Kushinagar but he is not granting appointment to the

petitioner.

In the counter affidavit filed on behalf of respondent nos.1

to 3 no specific reply has been given to para 17 of writ

petition, denying the assertion that the post of Assistant

Teacher (Art) lying vacant in Nehru Inter College Semri,

Sukrauli, District Kushinagar. It has further been stated

as per Regulation 106, Chapter III of the U.P.

Intermediate Education Act, 1921, petitioner has been

offered appointment on Class IV post.

Learned counsel for the petitioner has pointed out to

Regulation 106, Chapter III of the U.P. Intermediate

Education Act, 1921, which provides that in case there is

no vacancy in the institution where the deceased was

working his dependent can be appointed in any other

institution where vacancy is available to immediately

provide some relief to the family of the deceased.

Learned counsel for the petitioner has relied upon the

judgement passed by this Court in cases of (1) Sanjeev

Kumar Dubey Vs. District Inspector of Schools,

Etawah, 2000 Law Suit (All) 100 (2) Sudhakar

Srivastava Vs. Deputy Director of Education

(Secondary) Faizabad, 2001 1 AWC 560 (3) Smt.

Premlata Vs. State of U.P. and three others, Special

Appeal Defective No.620 of 2018, dated 14.9.2018,

wherein this Court has held that where the dependent of

the deceased has qualification for appointment as

Assistant Teacher, he would be given appointment on the

post of Assistant Teacher not on the Class IV post.

In view of the above respondent no.3 is directed to

consider grant of compassionate appointment to the

petitioner on the vacant post of Assistant Teacher

available at Mahaveer Inter College, Pawanagar

Fazilnagar, District Kushinagar or in any other college

within a period of four weeks from the date of production

of certified copy of this order.

Writ petition is allowed.

Order Date :- 13.5.2022

SS

Digitally signed by SURENDAR

SINGH NARANG

Date: 2022.05.14 16:17:36 IST

Reason:

Location: High Court of Judicature at

Allahabad