ASHWANI KUMAR GAUTAM Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and the learned standing counsel for the Respondents.

(2.) The Petitioner claims that he was appointed under the compassionate appointment rules framed under the Regulations of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as 1921 Act) in an institution governed by the provisions of the said Act. The Petitioner's father was working as a class III employee, who died in harness on 1.5.1993. The Petitioner, accordingly, was offerred appointment against a class III post and the same was approved under the order of the District Inspector of Schools dated 18.2.1994.

(3.) Learned Counsel for the Petitioner contended that the Petitioner was qualified and was entitled for being appointed as Assistant Teacher in the institution and, therefore, he made a representation for his appointment as Assistant Teacher under the compassionate appointment rules. The said request was not being considered, as a result whereof he approached this Court by filing Civil Misc. Writ Petition No. 54385 of 2003. The said writ petition was disposed of on 11.12.2003 with a direction to the authority concerned to decide the representation of the Petitioner dated 5.11.2001. The said representation was entertained by the District Inspector of Schools and an order was passed on 13.1.2004 allowing the same holding that the Petitioner was entitled for being appointed as Assistant Teacher. Accordingly, a letter of appointment as Assistant Teacher was issued on 31.1.2004 and the Petitioner is said to have taken charge on 3.2.2004.