Maya Devi vs D.I.O.S.,Jalaun and Others

A. Chakrabarti, J.—The present writ petition was filed contending inter alias that Rajendra Kumar Shukla, the husband of the petitioner, an Assistant teacher in Adarsh Junior High School, Mai, Jalaun died on 3121993 while in service leaving behind him the petitioner and four minor heirs, being daughters and sons. The petitioner who has passed class VIII filed application on 6121993 for appointment on compassionate ground. Tae Manager of the institution by letter dated 16121993 informed the petitioner that since she is not graduate and has not done B.Ed., she cannot be appointed as Assistant teacher in the institution (Annexure6 to the writ petition). The District Inspector of Schools did not take any action. The petitioner contends that the institution since having recognized and brought within the purview of the Intermediate Education Act, the Regulations 101 to Iu7 automatically become applicable and the District Inspector of Schools is required to consider and decide to question of appointment of the petitioner on compassionate ground. In the circumstances, the petitioner has filed the present writ petitions and has moved the same on 131994.

In spite of direction, no counteraffidavit has been filed. The learned standing counsel prays for further time to file counter affidavit but as the case involves appointment on compassionate ground and long time has passed since the earlier direction was given for filing counteraffidavit, I dispose of the present writ petition upon hearing the learned counsel for the petitioner and the learned Standing counsel,

On behalf of the petitioner the learned counsel has relied upon the judgment of Hon''ble R. B. Mehrotra, J. dated 1751995 in the case of Naveen Kumar Upadhyay v. Director of Education (Secondary) U.P. and Allahabad. The learned counsel for the petitioner also contended that the said judgment has been since affirmed on 27121993, by Hon''ble Supreme Court in Special Leave to Appeal No. 1824 of 1993 which was filed by the Director of Education. A photostat copy of the said order has been handed over at the time of hearing which runs as follows :

"In the light of the provision contained in the relevant Regulations, we do not find any merit in this petition. It is accordingly dismissed."

Regulation 103 of the Regulations framed under the U. P. Intermediate Education Act provides for employment on compassionate ground to any member has of the family of deceased provided such member attained the age of eighteen years and fulfils the requsite educational qualification and is otherwise suitable for appointment.

It has also been held repeatedly as also in the aforesaid case of Naveen Kumar Upadhyay that in case dependent of deceased is qualified for being appointed as Class III employee, then it would be contrary to rule to appoint said person on Class IV post.

In the case of Smt. Sushma Gossain v. Union of India, reported in AIR 1989 SC 1976 the apex Court held :

"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."

In the circumstances, as stated hereinabove, I allow the writ petition. The District Inspector of Schools, Jalaun at Orai is hereby directed to consider the case of the petitioner as to whether she is qualified for and entitled to Class III or Class IV post in terms of the said Regulations 101 to 107 and to give appointment in appropriate post following the principle as stated herein above within a period of four weeks from the date of production of a certified copy of this order. In case the petitioner is not appointed in Glass III or IV post, the District Inspector of Schools is to give reasons for such decision.

There will be no order as to costs.