SITA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Learned counsel for the petitioner states that he does not press the amendment application dated 10.2.2007 and it may be dismissed as not pressed. Accordingly, the amendment application dated 10.2.2007 is dismissed as not pressed.

(2.) This writ petition has been filed by the petitioner challenging the order dated 14.6.2007 whereby direction has been given by the District Inspector of Schools, Fatehpur (DIOS) to give appointment to respondent no. 4-Smt. Vimla Devi on compassionate ground. Subsequently, by means of an amendment application, the petitioner has also challenged the order dated 15.10.2007 which was passed in pursuance of the judgment of a Division Bench of this Court dated 24.9.2007 directing the authorities to give appointment to the respondent no. 4, setting aside the interim order granted by this Court on 14.6.2007.

(3.) There is an Institution by the name of Chandra Bhan Inter College, Damapur, District Fatehpur. The case of the petitioner is that he is working on the post of peon in the said Institution since 18.12.1999 and he is eligible for promotion on the post of Assistant Clerk. According to him in the said Institution there is one post of Head Clerk on which one Shri Shiv Bhushan was working and on two posts of Assistant Clerks one Shri Surendra Pratap Singh was working as a direct recruit and on the other post, Shri Babu Lal was working as promotee promoted from Class IV. The said Shri Babu Lal died on 8.10.1985 and therefore, on the vacancy in the promotee quota the petitioner claimed his promotion through his representation dated 21.8.2006 and 5.10.2006. On these representations a report was called by the DIOS from the Committee of Management of the Institution. The Committee of Management submitted its report stating that the post in question is a promotional post. Accordingly the DIOS by his order dated 21.11.2006 directed the Committee of Management to take steps to fill up the post in the promotee quota. The Committee of Management therefore, passed a resolution on 24.12.2006 recommending the name of the petitioner for promotion in the promotee quota against the vacancy arising on account of death of late Babu Lal. However, in the meantime an order was issued by the DIOS on 14.6.2007 recommending the name of Smt. Vimla Devi-respondent no. 4 for appointment on compassionate ground. Smt. Vimla Devi was appointed against the vacancy caused by the death of late Babu Lal.