ANIL KUMAR RAI Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner claims his appointment under Dying-in-Harness Rules, 1974. According to the Scheme of the Rule, the petitioner is eligible as being son of the deceased-Late Yangya Narayan Sharma, who was working as Assistant Teacher in L.T. Grade in Shiv Pratap Inter College, Pawari Kala, Mirzapur. The case set out by the petitioner is that his father died on 16.12.2005. The petitioner has filed his application alongwith the required documents including his qualification on 12.7.2006 and applied for compassionate appointment before the District Inspector of Schools on 3.8.2006. In his rejoinder-affidavit, the petitioner has not denied the factual pleas regarding the date as to when he applied for compassionate appointment. So it is admitted that the petitioner filed the requisite affidavit on 12.7.2006 and applied for compassionate appointment on 3.8.2006. After his application was filed, there was no post available in the Institution and the petitioner was appointed on a post of Peon, which was lying vacant in Maharshi Dayanand Balika Inter College, Mirzapur and an order in this behalf was passed by D.I.O.S. on 14.9.2006. The grievance of the petitioner is that even though he was appointed but subsequently on his refusal to join there, he has been appointed by creation of a supernumerary post in the Institution where his father was working on 18.1.2007.

(2.) The contention raised by the petitioner is that (A) in terms of the Rule, Regulation 106 of the Intermediate Education Act provides that petitioner seeking employment under Dying-in-Harness Rules, gets preference over all other candidates. (B) The appointment of respondent No. 6 has been made in violation of the Scheme of Administration applicable to the said Institution.

(3.) The petitioner states that the process for initiating selection for the post was initiated after the death of his father on 16.12.2005. Respondent No. 6 was appointed in July, 2006. He states that it was incumbent upon the respondents under Regulation 102 of the Intermediate Education Act to have informed the D.I.O.S. within 7 days of the death of an employee. He further states that under Regulation 104 of the Intermediate Education Act, there is corresponding obligation that the Management within 7 days of the date of death shall present a report to the Inspector about the members of the family of the deceased employee, in which all the particulars are required to be indicated. He further placed reliance upon the Regulation 101 of the Intermediate Education Act, which contemplates that appointing authority shall not fill any vacancy in non-teaching staff of a recognized aided Institution except with the prior approval of the Inspector.