HIRAMAN Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned counsel for both the sides.

(3.) The appellant was employed as a Daftari (class IV employee) in Nehru Intermediate College, which is a recognised and Government aided college. He continued to work on that post till he was promoted as a clerk on 11-5-1990. In the said college, one Surya Narain Srivastava was working as an Assistant Teacher. He died on 11-5-1987 while in service. On 29-2-1989 his widow made a request to the Principal of the college for appointing her son, respondent No. 4, to a non-teaching post on compassionate grounds. In December, 1989 and February, 1990 Distt. Inspector of Schools, respondent No. 2, also wrote to the Principal of the college to give suitable employment to respondent No. 4. On retirement of a Head Clerk on 30-6-1989 one clerk was promoted to that post and, therefore, one post of clerk became vacant. In April, 1990 the management decided to promote and appoint the appellant on that post as it belonged to the promotional quota. It also decided to promote one Ramdin, who was working as a peon, as a Daftari in the place of the appellant and appoint respondent No. 4 as a peon. It then sought approval of the District Inspector of Schools for the proposed promotions and appointment. It was granted on 11-5-1990. Pursuant thereto the appellant was promoted as a clerk on 11-5-1990 and respondent No. 4 was appointed as a peon on 12-5-1990. Respondent No. 4 represented to the management that as he was a graduate and possessed necessary qualifications for appointment as a clerk he ought to have been appointed as a clerk and not as a peon especially when a vacant post of clerk was available. The management did not accept his representation. Therefore, he filed Civil Misc. Writ Petition No. 444 of 1991 in the Allahabad High Court challenging the appointment of the appellant as a clerk.