MANAGER COMMITTEE OF MANAGEMENT Vs. MAHENDRA KUMAR SHUKLA

JUDGEMENT

(1.) THE short question involved in this Special Appeal is whether a person, who has already been granted benefit of dying in harness rule at the time of appointment, can be again given the benefit of the same rule at the time of promotion.

(2.) , The facts in brief are that one Ganga Narain Shukla was Assistant Teacher in L.T. Grade in Ganesh Shankar Vidyarthi Inter College, Kanpur (hereinafter referred to as the 'College') - He died in harness on July 19, 1985. His widow submitted an application in the year 1988 for giving employment in the college to her son, Mahendra Kumar Shukla, on compassionate ground. Mahendra Kumar Shukla, respondent No. 1, also submitted an application on April 19, 1989 before the Manager of the college for giving employment in the college alleging that his father died on July 19, 1985 in harness. He had passed Intermediate examination. A copy of the said application has been filed as Annexure -2 to the writ petition. On this application the Principal made query from him by letter dated April 24, 1989 as to on which post he wanted to be appointed. On April 29, 1989 the respondent stated that he should be appointed to some non -teaching post. He, however, did not disclose the post. The Principal again wrote a letter to him on May 1, 1989 intimating that Class IV employee's post was vacant and on that post he could be given appointment. The respondent agreed to it and he was issued appointment letter for the post of Class IV employee in the college on May 2, 1989 and he joined the said post on May 6, 1989 and is still working there in the same capacity.

(3.) LEARNED Judge took the view that in case at the time of appointment the family member of the deceased employee dying in harness, is not given an employment according to his qualification, he is entitled to be given promotion to a higher post according to his qualification when such higher post falls vacant. Emphasis was that the appointment was taken by the candidate at a time when there was no vacancy of a suitable post according to his qualifications.