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1991 DIGILAW 890 (ALL)

Shishi Rendra Chaurasia v. District Inspector of Schools

1991-07-11

B.M.LAL

body1991
JUDGMENT B.M. Lal, J. - Heard Sri V.D. Ojha, on the question of admission. 2. By means of this petition under Article 226 of the Constitution, the petitioner is praying for issuance of a writ of mandamus directing the respondents to appoint him in place of his father late Raja Ram Chaurasia giving him the benefits of Harness Rules, 1974. 3. The case of the petitioner is that he passed his Intermediate examination in the year 1988. Thereafter, he applied for appointment on the post of his father who died in the year 1982. However, his prayer was turned down on the ground that there was no vacancy available. 4. This fact is not disputed that father of the petitioner was employed as Librarian/Clerk in Shiv Charan Das Kanhayia Lal Inter College, Allahabad and during tenure of service he left for heavenly abode. Accordingly in view of the provisions of Harness Rules, 1974, the petitioner is eligible to be considered for appointment in place of his father. 5. On behalf of one Kishan Lal, an application has been filed in this case praying that he may be permitted to be impleaded as respondent No. 4. It is contended on his behalf that after the death of late Raja Ram Chauiasia the post in question was to be filled up by promotion, for which Kishan Lal was entitled to be considered. However, the Management recommended the name of one Triloki Prasad. The District inspector of Schools by his order dated 10-12-1982 refused to accord approval to the promotion of Triloki Prasad, and directed the Management to promote Kishan Lal to the post in question. Against the order of the District Inspector of Schools dated 10-12-1982, Triloki Prasad filed writ petition No. 320 of 1983 before this Court and obtained a stay order. In this context of the matter Kishan Lal in no way will be prejudiced, the reason being the petitioner is seeking appointment either in place of his father or even he is ready to accept appointment as a peon Consequently, if the Management is directed to consider the appointment of petitioner as a peon, Kishan Lal will not be prejudiced at all. This being so, the application made by Kishan Lal to intervene in this petition is wholly unwarranted, and it is accordingly rejected. This being so, the application made by Kishan Lal to intervene in this petition is wholly unwarranted, and it is accordingly rejected. However, since the question whether Kishan Lal or Triloki Prasad is eligible to be considered for promotion to the post of Clerk/Librarian is a subject-matter of Writ of Petition No. 320 of 1983 which is still pending before this Court, no useful purpose would be served by expressing any opinion in this regard. 6. So far as the question of providing employment to the dependent of a deceased bread earner is concerned as is the case of the petitioner here, the Supreme Court in Smt. Sushma Gosain and others v. Union of India and others, 1989 SC 1976 has ruled that 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 m 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. 7. In view of the above, this petition succeeds and is allowed at the admission stage. The respondents are directed to appoint the petitioner as a peon in Shiv Charan Das Kanhaiya Lal Inter College, Allahabad, within a period of two months from the date of presentation of a certified copy of this order. 8. There shall be no order as to costs.