RAGHURAJ YADAV Vs. DISTRICT INSPECTOR OF SCHOOLS JAUNPUR

JUDGEMENT

(1.) THE appellant who is a Class-IV employee in Hindu Inter College, Mugra Badshahpur, District Jaunpur (hereinafter referred to as the College) has filed a writ petition before this Court challenging the order appointing the respondent no. 3 under Dying in Harness Rule. Further prayer for appropriate direction to promote him to Class-III post has also been made This writ petition has been dismissed by the learned single Judge. Hence this special Appeal.

(2.) THE father of the respondent no. 3 who was an employee of the College, died in 1982. At that lime respondent no. 3 was a minor. She made an application in 1993 for appointment under Dying in Harness Rule in the College. By the impugned order passed on 18-8-1993. she was appointed as Class-Ill employee.

(3.) FOR the reasons given above, this Special Appeal is allowed, The judgment of the learned single Judge is set aside and impugned order dated 18-8-1993 appointing respondent no. 3 as a Class-Ill employee is quashed. The College authorities are directed to consider the case of the appellant for promotion in accordance with law, if he is eligible for the same Appeal allowed.