DINESH KUMAR MISRA Vs. STATE OF U P

JUDGEMENT

(1.) By this writ petition, the petitioner has sought relief for issue of writ of mandamus for providing employment as peon at Janta Inter College, Ahraula, District Azamgarh (hereinafter referred as College), which is recognised institution getting grant-in-aid from State Government and is being governed by the provisions of Intermediate Education Act, 1921. As this petition pertains to a person seeking employment due to death of his father, who was in employment as Assistant Teacher at College, this Court directed Standing Counsel by order dated August 28, 1990 to file counter-affidavit within two weeks on behalf of State of Uttar Pradesh, Director of Education (Secondary) U.P. and District Inspector of Schools, Azamgarh. This Court also made it clear in said order that as petitioner seeks employment due to death of his father in harnesss, therefore, the petition can be decided at the admission stage.

(2.) The Standing Counsel filed counter-affidavit for respondents represented by him. The petitioner filed rejoinder-affidavit. The petition has been argued by counsel for petitioner and Standing Counsel having full knowledge of order of this Court for disposal at the admission stage and the petiion is being disposed of at this stage in accordance with Rules of the Court.

(3.) The essential facts are that the petitioner moved an application on February 5, 1988 before the Principal of the institution for appointing him as a peon. The application was moved for appointment in view of the fact that petitioner's father Sri Ram Chet Misra died on December 31, 1987 during employment as an Assistant Teacher of L.T. Grade at the institution and, therefore, petitioner became entitled for appointment in view of Government Order No. 6648/15-7-1(78)/1981, dated September 23, 1981. The Government Order provides that the dependants of an employee dying in harness will be appointed on a post in the grade of Class III of Class IV for which he is qualified. The Government Order also permits appointment in another institution in the district in case there is no vacancy at the institution.