ZISHAN KHAN Vs. DISTRICT INSPECTOR OF SCHOOLS VARANASI

JUDGEMENT

(1.) Heard Learned Counsel for the petitioner and the learned Standing Counsel on behalf of the State-respondents. By this petition, the petitioner has challenged the order dated 7.11.2007 passed by District Inspector of Schools, Varanasi, contained in Annexure 6 to the writ petition, whereby the representation of the petitioner for his compassionate appointment, has been rejected. Further relief of a writ of mandamus directing the respondents to appoint the petitioner in place of his father under the provisions of Dying in Harness Rules is also sought for.

(2.) The relevant facts leading to the case are that Cutting Memorial Intermediate College, Varanasi is recognized institution under U.P. Intermediate Education Act 1921 and receiving government aid under the provisions of U.P. Act No. 24 of 1971. The father of the petitioner namely Mohd. Farid Khan was employed in the institution of the respondent Nos. 2 and 3 as Librarian/Clerk and while he was in service he was disappeared in year 1998. After searching and due information to the police concerned he was not heard of by the persons who would naturally heard of him for more than seven years. After lapse of the reasonable time when the father of the petitioner could not traced out, the mother of the petitioner, moved several applications to the respondents for releasing of terminal dues of father of petitioner and for payment of family pension by treating his civil death under Government Order dated 20.3.1987 but finding no favour from the concerned authority, she filed a civil misc. writ petition No. 2176 of 2000-Smt. Badrunnisa and another v. State of U.P. and others, which was disposed of by this Court on 18.1.2000. In the said writ petition only prayer was for getting the terminal dues and other service benefits of his father and on the assurance of the respondents the petitioner did not claim for his job under Dying in Harness Rules. In compliance of the said order the mother of the petitioner has been paid terminal dues of his father and is getting family pension. It is stated that the petitioner has been pursuing the matter with the respondents through several representations stating therein that he has passed High School in the year 1997, Intermediate in the year 1999, B.Com. in the year 2003, and M.Com. in the year 2005. The photostat copies of the High School Certificate, Intermediate certificate, Mark-sheet of M.Com. Final year as well as the original certificate of Drawing Grade Examination Mumbai of the year 2004 collectively are on record as Annexure No. 1 to the writ petition.

(3.) It is stated that after knowing the aforesaid facts and circumstances the respondent Nos. 2 and 3 has sent a letter dated 4.9.2006 to the District Inspector of Schools, the copy of which was also given to the petitioner in which respondent Nos. 2 and 3 has given their consent that they have no objection if the petitioner is appointed in their college on compassionate basis under the provisions of U.P. Intermediate Education Act 1921. A true copy of the said letter dated 4.9.2006 is on record as Annexure 2 to the writ petition. Thereafter, so many letters have been exchanged between the petitioner and respondents, and ultimately the petitioner had no option except to file a Civil Misc. Writ Petition No. 17934 of 2007 Zishan Khan v. District Inspector of Schools and others, which was disposed of by this Court with direction to the respondents to decide the representation of the petitioner vide order dated 5.4.2007. The photo-stat copy of the said order dated 5.4.2007 is on record as Annexure 3 to the writ petition. It is stated that the respondents were not ready to give the job to the petitioner and they were avoiding by one pretext and another and directed the petitioner to point out any person who has been appointed in identical circumstances, in pursuant thereto the petitioner has submitted the certificate issued by the Station Officer, Police Station Chetganj, Varanasi dated 30.1.2006 whereby it has been certified that the whereabouts of the father of the petitioner is not known since long back as such he is no more. The petitioner has also given the name of Shri Rajendra Prasad Yadav, whose father was not known since long back and on presumption of his Civil death, Sri Rajendra Prasad Yadav was appointed in Sarhi Bakharia Intermediate College, Varanasi, two years ago. Photo-stat copy of the certificate issued by the Station Officer, Police Station Chetganj, Varanasi dated 30.1.2006 is on record as Annexure 4 to the writ petition.