SATISH CHANDRA Vs. STATE OF U. P.

JUDGEMENT

(1.) The petitioner, Satish Chandra, has applied for the issue of a writ, order or direction in the nature of mandamus, commanding the District Inspector of Schools, Kasganj (for short, 'the DIOS') to grant approval to his appointment as a Clerk with the Sant Tulsidas Municipal Inter College, Soron, Kasganj (for short, 'the Institution') made by the Management on 6/3/2024 under the Dying-in-Rules.

(2.) The Institution is run and managed by the Nagar Palika Parishad, Soron, Kasganj and the Chairman of the Nagar Palika is the ex officio Manager thereof. The Institution is governed by the provisions of the Uttar Pradesh Intermediate Education Act, 1921 (for short, 'the Act of 1921') and the Regulations framed thereunder as also Government Orders issued from time to time. Payments of salaries to teachers and other employees working with the Institution are made under the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (for short, 'the Act of 1971'). The petitioner's father, the late Lala Ram, was a peon with the Institution and died in harness on 8/11/2023. The petitioner, being the deceased employee's son, applied for appointment against a suitable post. There are three posts of clerks sanctioned for the Institution, out of which two are occupied with incumbents working thereagainst. There is a vacancy of one due to Ravi Kumar Parashar's services being terminated by the Management on 8/12/2008. The said order is under challenge before this Court at the instance of Parashar in Writ-A No.7688 of 2009. There is no interim order granted in the said petition. Parashar is scheduled to superannuate in the year 2026 and the post is vacant since the year 2009.

(3.) The petitioner, being eligible for the post of a clerk, was considered for compassionate appointment in accordance with Regulations 103-107 of Chapter III of the Regulations framed under the Act of 1921. The petitioner made his application on 27/1/2024, upon which consideration followed. After due selection, the petitioner was appointed by the Manager of the Institution by a letter of appointment dtd. 6/3/2024, appointing him as a Clerk. The petitioner joined his duties on 11/3/2024. On the 30th of March, 2024, the Principal of the Institution addressed a letter to the DIOS, requesting him to include the petitioner's name on the Human Resource Portal for the purpose of payment of his salary. On 12/4/2024, the Chairman of the Nagar Palika Parishad, Soron, Kasganj/ the Manager of the Institution addressed a letter to the DIOS, seeking approval for the petitioner's appointment and further requested him to record the petitioner's name on the Human Resource Portal for the purpose of payment of salary. On the 3rd of May, 2024, the DIOS addressed a letter to the Joint Director of Education, Aligarh and requested him to provide guidance in the matter of approval of appointment to the Clerk's post with the Institution, the petitioner having been appointed on compassionate grounds by the Management and given charge.