JENENDRA KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Seemant Singh, learned counsel for the petitioner, learned Standing Counsel for respondent No.1 and Sri Hare Ram, learned counsel for respondent No.2.

(2.) The present petition has been filed by the petitioner with the following prayer:-

(3.) It is argued by learned counsel for the petitioner that while working on the post of Assistant Teacher in Upper Primary School Nagari, Block Jaswantnagar, District Etawah, father of the petitioner namely Late Amar Singh died on 4/5/2018. Thereafter, the petitioner submitted an application on 12/4/2022 for his appointment on compassionate ground under dying in harness rules on the post of Assistant Teacher on the basis of his educational qualifications before District Basic Education Officer, Etawah/respondent No.2. It is argued that since the petitioner is having qualification of graduation, i.e., B.Sc., B.Ed, TET (Primary School) and CCC Certificate from NIELIT, he is entitled for appointment on the post of Assistant Teacher in a Primary School which run and governed by the State Government. It is argued that various correspondence had been made between the petitioner and the respondent No.2 but no action has been taken in the matter, the petitioner approached this Court by filing Writ A No.17945 of 2023 (Janendra Kumar Vs. State of U.P. and others) which was disposed of by a Co-ordinate Bench of this Court vide its order dtd. 16/2/2024. Pursuant to the aforesaid, a decision has been taken by the respondent No.2 on 6/7/2024 by which the petitioner was given appointment on the post of peon. Subsequent to the same, a letter dtd. 6/7/2024 was also issued by the respondent No.2 to the petitioner directing him to give consent within seven days for appointment on the aforesaid post and also directed to submit his joining report before BEO Chakar Nagar, District Etawah. It is argued that the appointment of the petitioner on Class IV post is per se illegal and the same is liable to be set aside and the petitioner be given appointment on the post of Assistant Teacher according to his educational qualifications. Pursuant to the letter of appointment, the petitioner joined his class IV post and thereafter a letter dtd. 12/9/2025 was written by him to the respondent No.2 to provide appointment on Class III post. Since no action has been taken in the matter, the petitioner has preferred the present petition. It is argued that since the petitioner is duly qualified for his appointment on the post of Assistant Teacher, at least, appointment should be given to him on Class III post. Learned counsel for the petitioner placed reliance upon a letter dtd. 10/10/2019 written by the Secretary, U.P. Basic Education Board Prayagraj to all the District Basic Education Officers of State of U.P.