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2006 DIGILAW 2297 (ALL)

RAM NAGESH v. STATE OF UTTAR PRADESH

2006-09-11

RAN VIJAI SINGH

body2006
JUDGMENT Hon’ble Ran Vijai Singh, J.—This writ petition has been filed by one Sri Ram Nagesh with the prayer for issuing a writ of mandamus directing the respondents to give appointment to the petitioner on the post of Assistant Teacher in Primary Vidyalay, Mawai Jar, Kshetra Suerpur, District Hamirpur. 2. The case of the petitioner is that his father happened to be Assistant Teacher in Primary Vidyalay and he died in harness on 10.6.1996. The petitioner claiming himself dependent of the deceased has moved an application for his appointment on 8.8.2003. 3. Sri A.D. Tripathi, learned Counsel appearing for Basic Shiksha Parishad informs that the Dying-in-Harness Rules 1974 has been adopted by the Basic Shiksha Parishad for the purpose of appointment of dependents of deceased. This Rule has been amended in the year 1999 and new Rule 5 has been inserted. Relevant portion of Rule 5 is quoted below : “5. Recruitment of a member of the family of the deceased.—In case, a government servant.........if such person— (i) fulfils the educational qualifications prescribed for the post; (ii) is otherwise qualified for government service; and (iii) makes the application for employment within five years from the date of the death of the government servant. Provided that where the State Government is satisfied that the time limit fixed for making the application for employment causes undue hardship in any particular case, it may dispense such or relax the requirement as it may consider necessary for dealing with the case in a just and equitable manner. (2) As far as possible, such an employment should be given in the same department in which the deceased Government servant was employed prior to his death.” 4. The case of the petitioner is that on the application of the petitioner the Sachiv, Basic Shiksha Parishad, Allahabad has referred the matter to the Secretary/Special Secretary, Basic Education, U.P. Government, Lucknow for considering the relaxation of 5 years period on 25.11.2004 but no order has been passed by the Secretary/Special Secretary, Basic Education, U.P. Government, Lucknow. 5. When the writ petition was taken up on 13.4.2005 learned Counsel for the petitioner was granted one month’s time to file supplementary affidavit and on that date learned Standing Counsel was also directed to file counter affidavit. Thereafter the case was listed on 17.8.2006 and on that date the order was passed for listing the case on 28.8.2006. 5. When the writ petition was taken up on 13.4.2005 learned Counsel for the petitioner was granted one month’s time to file supplementary affidavit and on that date learned Standing Counsel was also directed to file counter affidavit. Thereafter the case was listed on 17.8.2006 and on that date the order was passed for listing the case on 28.8.2006. The case is on today’s list. Learned Counsel for petitioner has filed supplementary affidavit pursuant to the order dated 13.4.2005. It is taken on record. No counter affidavit has been filed either on behalf of the State-respondents or Secretary, Basic Shiksha Parishad, Allahabad. 6. Learned Counsel for the petitioner submits that ultimately even after exchange of affidavits the decision has to be taken by the Secretary/Special Secretary, Basic Education, U.P. Government, Lucknow with regard to the relaxation of 5 years period and no useful purpose will be served if the writ petition is further kept pending. 7. Learned Counsel for the petitioner as well as learned Standing Counsel appearing for the State-respondents and Sri A.D. Tripathi Counsel for the respondent No.3 agreed that they have no objection if the writ petition is disposed of with the direction to respondent No.1 to consider the case of the petitioner. 8. Considering the facts and circumstances of the present case, it is directed that the Secretary/Special Secretary, Basic Education, U.P. Government, Lucknow shall take appropriate decision in accordance with law on the letter of the Secretary, Basic Shiksha Parishad, Allahabad dated 25.11.2004 within two months from the date of production of certified copy of this order. Petitioner may also provide copy of the writ petition along with the certified copy of this order before him. 9. With this observation the writ petition is disposed of. Order Accordingly. ———