HARIVANSH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri J.B. Singh, learned counsel for the petitioner and Sri Sanjeev Singh, holding brief for Shri V N Pandey, learned counsel for the respondents and the learned standing counsel. By means of the present writ petition, the petitioner challenges the order dated 30.3.2005, passed by District Inspector of Schools, Kushinagar, approving the appointment of respondent No. 5 as Assistant Clerk in the Institution on compassionate basis and has further sought mandamus commanding the respondents to consider the claim of petitioner for promotion on the post of Assistant Clerk in the Institution.

(2.) Janta Uchachatar Madhyamik Vidyalaya, Hatta, Kushinagar (for short the "Institution") is a recognised aided educational Institution, to which the provisions of the U.P. Intermediate Education Act, 1921 (for short the "Act") and that of U.P. Act No. 24 of 1971, are applicable.

(3.) There was a solitary post of Clerk in the Institution. On account of retirement of one Subh Karan Singh, Clerk in the Institution, a vacancy arose on 31.1.2005. The petitioner claims himself to be appointed on 1.7.1978 as a Class-IV employee in the Institution, being the senior most and eligible, was entitled to be promoted as Assistant Clerk under Regulation 2 of Chapter III of the Act. However, the DIOS, Kushinagar on 30.3.2005 approved the compassionate appointment of respondent No. 5 as Assistant Clerk, against the said post.