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Kamal Narain Tripathi vs Basic Shiksha Adhikari, Kanpur and Another

Allahabad High Court · Decided on 16 May 1990 · Citation: (1990) 05 AHC CK 0039

HON’BLE JUDGES
M.P.Singh, J and B.P.Singh, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 14, 16, 309
RESULT
Allowed
CASE NUMBER
Civil Miscellaneous Writ Petition No. 6486 of 1990
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Judgment

9 paragraphs · 348 words

M.P. Singh, J.—Heard counsel for the parties.

2.

The petitioner''s father Jagat Narain Tripathi was the Head Master in Primary Basic Pathshala, Colonelganj, maintained by the Basic Shiksha Parishad, Kanpur. He died in harness on 25th January, 1985.

3.

The petitioner made an application before the Basic Shiksha Adhikari, Kanpur for appointment as Class III or Class IV employee in the institution. He was eligible to be appointed as Class III employee. By means of the impugned order dated 24th January, 1990, the Basic Shiksha Adhikari rejected his application on the ground that there was no vacancy in the institution for appointment of the petitioner as a Teacher.

4.

In our opinion, this order is wholly illegal, inasmuch as neither the petitioner could claim the appointment as a teacher nor such ah appointment could have been given to him. Since the petitioner was eligible to be appointed as a Class III employee, he should have been considered for the same.

5.

In the case of Smt. Sushma Gosain and others v. Union of India and others, AIR 1989 SC 1976 it was observed:

�It must be stated unequivocally that in all claims for appointment on compassionate grounds, there should not be any delay in appointment. The purpose of providing appointment on compassionate ground is to mitigate the hardship due to death of the bread earner in the family. Such appointment should, therefore, be provided immediately to redeem the family in distress. It is improper to keep such case pending for years. If there is no suitable post for appointment, supernumerary post should be created to accommodate the applicant.�

6.

Relying upon the decision of the Supreme Court, we direct the respondents to create a post, in case there is no vacancy, and appoint the petitioner as Class III employee within a period of one month from the date of filing of a certified copy of this order.

7.

The writ petition is accordingly allowed.

8.

A copy of this order may be issued to the learned counsel for the petitioner on payment of usual charges within three days.