LAXMAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned Counsel for the Respondents who has been unable to receive instructions from the District Inspector of Schools. Sri P.N. Ojha has put in appearance on behalf of the Respondent Nos. 3 and 4.

(2.) This is an unfortunate story of a dependant whose father died in harness in the year 1997. The issue involved is in relation to compassionate appointment in a Secondary School governed by the provisions of the U.P. Intermediate Education Act, 1921 and the regulations framed thereunder.

(3.) The Petitioner after the death of his father was offered appointment in the year 1998 and again on 19th March 1999 in the Respondent institution. Inspite of the said order the Petitioner could not join and it appears from a perusal of the impugned order that the post on which the Petitioner had been accommodated was being claimed by a Class IV employee to be filled up by way of promotion. The said employee Thakur Prasad filed writ petition No. 12703 of 1999 which was finally allowed in his favour on 11th September, 2003. Thus this litigation blocked the passage of the Petitioner in the circumstances indicated above. It may be mentioned that a post that is claimed for the promotion quota of 50% as admissible under rules, cannot be offered for compassionate appointment as held by the Apex Court in the case of Hira Man v. State of U.P. and Ors., 1997 11 SCC 630.