VINOD KUMAR Vs. DISTRICT INSPECTOR OF SCHOOLS MUZAFFARNAGAR

JUDGEMENT

(1.) One Shri Brahma Singh, a Class-IV employee of the school had died on 13th September, 1991. His son Sri Arvind Kumar having the requisite qualification was appointed as an Assistant Teacher under the Dying-in-Harness Rules in the same school. The vacancy of the Class IV staff which still remains vacant was sought to be filled up by the school, to which the District inspector of Schools had granted permission vide his letter dated 16th November, 1995. Whereupon process for selection was initiated by advertising the vacancy and also seeking names from the Employment Exchange. Thereafter, selection was made out of candidates applying for such appointment and the petitioner was selected and given appointment. The papers were forwarded to the District Inspector of Schools on 5th December. 1995. No approval having come within the prescribed period. Appointment letter was issued to the petitioner on 15th January, 1996. The District Inspector of Schools having not granted the financial approval. Writ Petition No. 26924 of 1996 was moved, it was disposed of on 23rd August, 1996. by directing the District Inspector of Schools to consider the question of grant of approval to the appointment of the petitioner. The District Inspector of Schools by his order dated 28th September, 1996. refused to grant the approval of the appointment of the petitioner on the ground that one Class IV employee working in the Institute died on 20th April, 1995 and that no regular appointment could be made except appointment under the Dying-in-Hamess Rules. This order dated 28th September, 1996, has since been challenged in his writ petition.

(2.) Mr. V. K. Singh learned counsel for the petitioner had relied upon the decision in the case of Syed Athar All v. District Inspector of Schools, Bareilly and another, 1995 (2) UPLBEC 968. in support of his contention that the non-filling up of a post under the Dying-in-Harness Rules does not prohibit regular appointment.

(3.) Km. Ainakshi Sharma, learned brief holder for the State contends that the order passed by the District Inspector of Schools is Justified and valid. No appointment could be made except those under the Dying-in-Harness Rules and that when the appointment under the Dying-in-Harness Rules is awaited, the approval of the petitioner's appointment could not have been granted.