SANTOSH KUMAR MAURYA Vs. STATE OF U P

JUDGEMENT

(1.) RECORD in question reflects that for considering the matter for grant of compassionate appointment beyond the prescribed period of five years, the Assistant Director of Education (Basic), Chandauli on 16.12.2003 had referred the matter to the Secretary, Basic Shiksha Parishad, U.P. Allahabad, so that after scrutiny, the matter could be referred to State Government. At the said judicature, petitioner filed writ petition No.22204 of 2008 before this Court, and this Court asked the District Basic Education Officer to take appropriate decision. Thereafter, the District Basic Education Officer has passed order, mentioning therein that authority to condone the delay lies with the State Government, and in case petitioner moves fresh application in five copies, the same shall be referred to the State Government for appropriate decision. Petitioner has stated that after passing of the aforesaid order, he has represented the matter to the State Government on 15.09.2008, but till date no action/decision has been taken thereon. Petitioner submits that once by letter dated 16.12.2003, the matter was referred to Secretary, Basic Shiksha Parishad, then it was duty cast upon the Secretary to have transmitted the matter to the State Government, and the District Basic Education officer should not have asked the petitioner to move fresh application in five copies to be referred to the State Government. The argument advanced appears to have some substance. Since the Assistant Director of Education (Basic) vide letter dated 16.12.2003 has already referred the matter to the Secretary, Basic Shiksha Parishad, as such said authority is directed to transmit the entire papers to the State Government as early as possible, and in case papers are received by the State Government, then in that event, the State government is directed to take appropriate decision, in accordance with law, within four months from the date of receipt of the papers. In terms of above observation and direction, writ petition is disposed of.