DHEER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Standing Counsel for respondent Nos. 1,3 and 4.

(2.) IT appears that a vacancy arose on account of death of the then class IV employee in the institution in question. The petitioner claims to have been appointed pursuant to the selection proceedings held by the Committee of management. Papers were forwarded to the District Inspector of Schools. The District Inspector of Schools refused to accord financial approvalon the ground that the vacancy was to be filled under Dying in Harness Rules. The proposal of one dependent of the deceased employee has been sent for appointment and approval against the vacant post.

(3.) CHALLENGING the order dated 10.8.1992, the petitioner has filed writ petition no. 42324 of 1992 which was dismissed on the ground of alternative remedy. The petitioner was directed to raise an industrial dispute and to try to settle the dispute amicably. Accordingly, the dispute was raised by the petitioner and the matter was referred for adjudication. The reference was as to whether the approval of appointment of the petitioner by the District Inspector of Schools was legal or not. The Labour Court found that the District Inspector of Schools who is the competent authority had refused to accord the financial approval to the appointment of the petitioner and hence, the petitioner could not be appointed against the class IV post in the institution in question.