ANURUDH PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) In this case, on 30.3.1998 one month's time was granted to the learned standing counsel to file counter-affidavit but no counter-affidavit has been filed so far. Sri S. K. Srivastava has appeared for respondents and is supporting the case of the petitioner. The petitioner was selected as clerk in Phula Rani Janta Higher Secondary Schools, Balanpur, Kannauj and his papers were sent to the Management of the D.I.O.S., for approval vide Annexure-3 to the writ petition. The petitioner has also been working since 17.2.1998 as stated in paragraph 9 to the petition. However, the D.i.O.S., Farrukhabad has disapproved the petitioner's appointment vide order dated 23.9.1981, Annexure-4 to the petition. In his order dated 4.3.1998, it is stated that the High School and Intermediate Colleges should only give appointment to those claiming under the Dying-in-Harness Rules.

(3.) The Supreme Court in a very recent, decision in Director of Education (Secondary) and another v. Pushpendra Kumar and others, 1998 (33) ALR 468, has held that such regulation would result in all vacancies of class III post being made available to dependant of those who die in harness and others will be excluded. Such a construction will be violatlve of the right to equality. Following the said decision I set aside the order dated 4.3.1998 and direct the D.I.O.S. to pass a fresh orders on the recommendation sent by the Committee of Management within six weeks of production of a certified copy of this order in accordance with law. Petition is disposed of.