SHYAMDHAR MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) The father of the petitioner was working as a Lecturer in Economics in S.R.P. National Inter College, Handia, district Allahabad and died in harness on 27.4.1984. The petitioner applied for an appointment on compassionate ground. On 23.10.1992, the petitioner was issued an appointment on the post of an Assistant Clerk. By a notification dated 2.2.1995, Regulation 101 to 107 of Chapter III of the Regulations framed under the Intermediate Education Act, were substituted and Regulation 103 provided that a dependant of an employee, who died in harness could be given an appointment on the post of a teacher, provided he possessed the prescribed requisite academic qualifications. This Regulation 103 was also made applicable to those employees, who died on or after 1.1.1981.

(2.) Based on Regulation 103, as substituted by notification dated 2.2.1995, the petitioner made a representation dated 13.12.1995 to the respondents for being appointed as a teacher on the ground that he possessed the requisite qualification at the time when he was given the appointment in the year 1992. In the year 2001, the petitioner made another representation and, thereafter, filed Civil Misc. writ Petition No. 5143 of 2002, which was disposed of with a direction to the District Inspector of Schools, Allahabad, to decide the representation of the petitioner. The petitioner's representation was rejected by an order dated 15.6.2002 by the District Inspector of Schools, Allahabad, on the ground that once the petitioner had availed the benefit of an appointment under the Dying in Harness Rules, he could not get another benefit of a compassionate appointment on the post of a teacher. Consequently, the present writ petition has been filed for the quashing of the order passed by the District Inspector of Schools, Allahabad dated 15.6.2002 and for a writ of mandamus commanding the respondents to appoint the petitioner on the post of an Assistant Teacher.

(3.) Heard Sri Surendra Prasad, the learned counsel for the petitioner and Sri Sandeep Mukerji, the learned counsel appearing for the respondents.