NARENDRA KUMAR SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) The dispute that has arisen on account of passing of the order dated 1.10.2009 by the District Inspector of Schools in relation to the claim of seniority on the post of Clerk between the petitioner - Anil Kumar Misra in Writ Petition No. 28686 of 1993 and Narendra Kumar Shukla in Writ Petition No. 54594 of 2009, has made it imperative for the court to proceed to decide both the petitions together. The facts are so inter twined that both the petitions deserve to be disposed of simultaneously.

(2.) There is an institution by the name of Buddha Vidya Peeth Inter College, Birdpur, Siddharth Nagar. This institution is governed by the provisions of the U.P. Intermediate Education Act, 1921, and the Regulations framed there under. The power to make appointment against the post of Clerk (class-III) vests in the Committee of Management under Chapter-I Regulation 13 of the said Regulations. There are 4 posts in this cadre duly sanctioned by the State Government against which grant-in-aid is received. 3 out of the 4 posts are of Assistant Clerks and one post is of Head clerk. 2 of the posts were earlier occupied by one Indra Daman Pandey and Rajeshwar Chaudhary both of whom died. The third post of Assistant Clerk was occupied by Sri Narendra Mishra, who retired on 31.1.2009, and the post of Head-clerk which was occupied by Ram Saran Mishra, fell vacant on account of his retirement on 28.2.2009.

(3.) A permanent Lecturer in Biology of the institution Sri Vijay Kumar Mishra died-in-harness on 3.12.1992. The petitioner in the first writ petition, Anil Kumar Misra, is the son of Late Vijay Kumar Mishra, who claimed appointment on compassionate basis. Such appointment is contemplated under the amended Regulations that have been brought into force w.e.f. 30.7.1992 and contained in Regulations 101 to 106 of Chapter III of the same. It appears that Anil Kumar Mishra moved an application before the Manager of the institution who issued a letter of appointment in his favour on 24.2.1993. The claim of the petitioner had also been placed before the District Inspector of Schools seeking his approval and as per the Rules then existing, the District Level Committee appears to have processed the claim of the petitioner and pass an order for appointing Anil Kumar Mishra against a class-IV post. This is evident from the order of the District Inspector of Schools dated 15.2.1993 which is stated to have been dispatched from his office on 24.2.1993 and received by Anil Kumar Mishra on 27.2.1993. The contention of Sri Mishra is that as a matter of fact, the petitioner had already been appointed against a class-III post by the Manager and he joined on 1.3.1993 about which intimation had already been given to the District Inspector of Schools. The Manager of the institution also sent a letter to the District Inspector of Schools to grant approval to the appointment of Anil Kumar Mishra against a class-III post. It is to be noted that the appointment, which was offered to Anil Kumar Mishra by the District Inspector of Schools, was against a class-IV post in a different college namely Kisan Inter College, Uska Bazar, District - Siddharth Nagar.