JITENDRA KUMAR TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) The petitioner herein claims to have been appointed as 'Clerk' in the Institution-in-question namely Reoti Intermediate College, District Ballia, on compassionate ground on 1.10.1994, and joined as such on the same day. He is aggrieved by the rejection of his representation for payment of salary through the State Exchequer by the order dated 20.12.2006 passed by the Director of Education (Madhyamik), U.P. The contention of the petitioner is that his father had died in harness on 21.10.1986 while working on the post of lecturer (Sanskrit) in the Institution-in-question. His mother gave an application in the year 1986 itself saying that her children were minor and her son be given appointment when he became major. After attaining majority, another application was given on 14.9.1994 by the petitioner seeking compassionate appointment.

(2.) The then officiating District Inspector of Schools by the order dated 24.9.1994 had adjusted the petitioner on a supernumerary post of clerk in the Institution-in-question. The said order (Annexure-'2' to the writ petition) indicates that along with the petitioner three other employees, two on vacant post of Class-III and Class-IV and two on supernumerary posts were appointed. The petitioner got salary from October, 1994 till June, 1995 when by the order dated 24.9.1995, his salary was stopped subject to an enquiry initiated under Section 4(1) of the Payment of Salary Act, 1971 (hereinafter referred to as Act, 1971) by the then District Inspector of Schools.

(3.) After receipt of the reply of the Manager and Principal of the Institution, the order dated 16.12.1995 was passed by the District Inspector of Schools, Ballia for release of salary of the petitioner along with another incumbent namely Smt. Savita Singh to the post of 'Clerk'.