RAMESH PRASADBISARJAN RAM KHANWAR Vs. MANAGER SHRI NARSINGH INTER COLLEGEDISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) In writ petition No. 30121 of 1992, the petitioner's father died in harness on 24-4-1982. The petitioner had applied for appointment under the Dying in Harness Rules on 6.-7-1991 but the same was not considered by the respondents. In the meantime on 30-7-1992 Regulations 101, 102 and 103 framed under the U.P. Intermediate Education Act, 1921 had since been amended and new provisions have been incorporated relating to appointment under Dying in Harness Rules. In a notice appended to Regulation 103 as amended it has been pointed out that this regulation is applicable in those cases where the employees had died on or after 1-1-1981. The said regulation provides that if a teacher or non-teaching staff died in harness, in that event, one member of the family of the deceased would be given in a post of non-teaching staff. Relying on these provisions, Mr. Siddharth Verma, learned Counsel for the petitioner contends that the petitioner has become eligible under the said provisions on 30-7-1992 and as such he could maintain the writ petition. Since death had taken place on 24-4-1982 viz., after the cut off date. The petitioner was ultimately given appointment on 25-10-1994 after being recommended on 8-2-1993 during the pendency of the writ petition. Normally the said writ petition would have become infructuous by reason of such appointment but there has been a dispute between the petitioner Ramesh Prasad and one Bisarajan Ram Khanwar petitioner in writ petition No. 14940 of 1992. By reason of such disputed fact the writ petition requires determination.

(2.) In writ petition No 14940 of 1992 the said Bisarajan Ram Khanwar, petitioner in the said writ petition had claimed that a post of peon fell vacant on 30-6-1991 on account of retirement of one Chatur Singh Yadav and the petitioner was given appointment on the said post and the relevant papers were submitted before the District Inspector of Schools by the Principal for financial sanction. The College Authority had made a representation to the District Inspector of Schools on 18-12-1991 for payment of salary to the petitioner therein. Despite such representation financial sanction has not been accorded.

(3.) On these background, Ramesh Prasad petitioner in writ petition No. 30121 of 1992 and Bisaraj Ram Khanwar petitioner in writ petition No. 14940 of 1992 had been claiming appointment on the same post. Therefore, the question remains as to who could be appointed in the sad post.