JUDGMENT Hon’ble Arun Tandon, J.—Heard Sri P.S. Baghel, learned Senior Advocate assisted by Sri Gautam Baghel, learned counsel for the petitioner, Sri Vivek Mishra, learned counsel for respondent Nos. 4 to 6, Sri Candan Sharma, learned counsel for respondent No. 7 and learned Standing Counsel for State-respondents. 2. Learned counsel for the parties agree that the present writ petition may be disposed of at this stage without calling for any further affidavit specifically in view of the order proposed to be passed today. Facts in short relevant for deciding the present writ petition are as follows: 3. Father of the petitioner, namely, Gopi Nath Tripathi expired during harness on 30th November, 1991 while working as Assistant Teacher in Adarsh Intermediate College, Sarai Akil, Kaushambi, which is a recognized and aided institution. Petitioner made an application for compassionate appointment being offered to him in accordance with Regulations 101 to 107 of Chapter-III of the Regulations framed under the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the “Act,1921”). The District Inspect of School recommended the name of the petitioner for compassionate appointment as clerk in Zila Panchayat Intermediate College, Paschim Shareera, Kaushambi against a superannuary post vide order dated 22nd October, 1992. Since the Zila Panchayat Intermediate College did not issue appointment letter to the petitioner in pursuance to the order of the District Inspector of Schools, petitioner approached this Court by means of Civil Misc. Writ Petition No. 16816 of 1993, wherein an interim mandamus was issued vide order dated 12th August, 1993. In pursuance thereof, the Zila Panchayat Intermediate College issued an appointment letter to the petitioner, he joined. However, subsequently, the District Inspector of Schools passed an order dated 1st October, 2003 transferring the petitioner to Adarsh Intermediate College, Sarai Akil for appointment as Clerk against a superannuary post. This order was challenged by the present petitioner by means of Civil Misc. Writ Petition No. 42835 of 2003. The writ petition was allowed vide judgment and order dated 7th October, 2005 by the Writ Court and it was held that the order directing transfer of the petitioner against a superannuary post was not contemplated by Regulation 106 of Chapter III of the Regulations framed under the Act, 1921 and therefore, illegal. Accordingly, the order of the District Inspector of School dated 2nd September, 1993 was quashed. 4. Accordingly, the order of the District Inspector of School dated 2nd September, 1993 was quashed. 4. A regular vacancy was subsequently caused on the post of Clerk in Zila Panchayat Intermediate College, Paschim Shareera, Kaushambi, proceedings to fill the vacancy by direct recruitment was initiated. This lead to the second writ petition filed by the present petition being Civil Misc. 13487 of 2009, on the plea that he was entitled to be adjusted against the said vacancy of clerk. 5. Such adjustment can be made only under Regulation 106 of Chapter III of the Regulations framed under the Act, 1921. The Writ Court disposed of the petition by providing that the petitioner may represent his grievances before the District Inspector of Schools, who shall examine the matter within the time specified, under order dated 6th March, 2009. 6. The District Inspector of Schools under order dated 26th November, 2009 rejected the representation of the petitioner and transferred the petitioner to Adarsh Intermediate College, Kaushambi and further permitted the payment of salary to Jai Prakash, respondent No. 7 appointed by direct recruitment. The petitioner filed another writ petition being Civil Misc. Writ Petition No. 68810 of 2009 challenging the order dated 26th November, 2009, adjusting the petitioner in Adarsh Intermediate College, Kaushambi. The writ petition was opposed by the Zila Panchayat Intermediate College and on its behalf, it was stated that the vacancy, which has been caused in the institution run by the Zila Panchayat being a local body is not covered by the provisions of Act, 1921 and Regulations framed thereunder. The writ petition was disposed of by the Writ Court vide judgment and order dated 17th December, 2009 by providing that the District Inspector of Schools shall examine the claim of the petitioner. The Writ Court further directed the Committee of Management of Zila Panchayat Intermediate College to raise all grievances before the District inspector of Schools, who inturn was required to examine the same afresh. 7. The Writ Court further directed the Committee of Management of Zila Panchayat Intermediate College to raise all grievances before the District inspector of Schools, who inturn was required to examine the same afresh. 7. In the background of aforesaid order of the Writ Court, the District Inspector of Schools under the order dated 9th March, 2010 has held that the appointment of the petitioner on compassionate ground based on the fact that the father of the petitioner who was working as Assistant Teacher in Adarsh Intermediate College, expired during harness, against a superannuary post in another institution, namely, Zila Panchayat Intermediate College was patently illegal, inasmuch as under Regulation 106 of Chapter III of the Regulations framed under Act, 1921 a superannuary post can be created only in the institution where the earlier incumbent was working and is stated to have expired during harness. It has been further recorded that there are two vacancies of clerk in Adarsh Intermediate College, where the father of the petitioner was working, petitioner be adjusted against one of the vacancies of clerk. It is against this order that the present writ petition has been filed. 8. On behalf of the petitioner it is submitted that adjustment has been directed only to accommodate the illegal appointee i.e. respondent No. 7, namely, Jai Prakash against the vacancy on the post of clerk in Zila Panchayat Intermediate College. He submits that appointment of respondent No. 7 is illegal as he is close relative of the Principal of Zila Panchayat Intermediate College. His appointment has been made without following the procedure and that proper advertisement has not been made in the newspaper. It is further submitted that in view of the judgment of the Writ Court dated 7th October, 2005 passed in Civil Misc. Writ Petition No. 48235 of 2003, which has become final between the parties, the petitioner could not be appointed against a superannuary post in an another institution, namely, Zila Panchayat Intermediate College, Kaushambi. The petitioner is not required to be adjusted/ transferred in any other institution against any other vacancy as his compassionate appointment was against a substantive vacancy. Writ Petition No. 48235 of 2003, which has become final between the parties, the petitioner could not be appointed against a superannuary post in an another institution, namely, Zila Panchayat Intermediate College, Kaushambi. The petitioner is not required to be adjusted/ transferred in any other institution against any other vacancy as his compassionate appointment was against a substantive vacancy. In the alternative, it is contended that the petitioner was appointed in Zila Panchayat Intermediate College having regard to the fact that his father was murdered while working as Assistant Teacher in Adarsh Intermediate College and if the petitioner is required to work in the same institution, on account of personal enmity, there is every likelihood of the petitioner being physically injured. 9. The contentions raised on behalf of the petitioner are opposed by learned counsels for respondent Nos. 4 to 6 and 7. On their behalf it is stated that from the writ petition field by the present petitioner himself being writ petition No. 13487 of 2009, it is no more dispute that the petitioner was seeking adjustment against a regular vacancy and it was therefore, admitted to him that he was appointed against a superannuary post in Zila Panchayat Intermediate College. It has been contended before this Court that in Writ Petition No. 68810 of 2009 decided on 17th December, 2009, directed the consideration of the claim of the petitioner for adjustment against fresh vacancy caused in Zila Panchayat Intermediate College, it also permitted the Committee of Management of Zila Panchayat Intermediate College to raise objection to the claim so set up by the petitioner. The order so passed by the District Inspector of Schools is as per law and warrants no interference. 10. In view of the facts, which exist on record, specifically, the order of the Writ Court dated 6th March, 2009 passed in Civil Misc. Writ Petition No. 13487 of 2009, it does not lie in the mouth of the petitioner to contend that he was appointed against a substantive vacancy in Zila Panchayat Intermediate College. The impugned order of the District Inspector of Schools specifically records that the petitioner was appointed against a superannuary post, which fact is not disputed in the present writ petition. Therefore, any passing observations made by the Writ Court in its judgment and order dated 7th October, 2005 passed in Civil Misc. The impugned order of the District Inspector of Schools specifically records that the petitioner was appointed against a superannuary post, which fact is not disputed in the present writ petition. Therefore, any passing observations made by the Writ Court in its judgment and order dated 7th October, 2005 passed in Civil Misc. Writ Petition No. 48235 of 2003 cannot be read as finding qua the nature of the vacancy against which the petitioner was appointed. It may be clarified that the issue before the Writ Court in Civil Misc. Writ Petition No. 48235 of 2003 was as to whether under Regulation 106 of Chapter III of the Regulations framed under Act, 1921 adjustment of a person working against a superannuary post in a particular institution can be directed against any other superannuary post of different intitution. The judgment has to be read in the aforesaid background only and therefore, this Court holds that the petitioner was appointed against a superannuary post in Zila Panchayat intermediate College on compassionate ground under Regulation 106 of Chapter III of the Regulations framed under Act, 1921. 11. Compassionate appointee has to be adjusted against the first vacancy which may become available in the District and continuance of the petitioner against a superannuary post for more than 17 years only reflects the neglect on the post of District Inspector of Schools, to discharge his statutory duty. Such inaction cannot be approved off by this Court. The District Inspector of Schools should have adjusted the petitioner against the first vacancy which became available in District Kaushambi on Class III post required to be filled by direct recruitment in view of language of Regulation 106 of Chapter III of the Regulations framed under Act, 1921. 12. It is needless to emphasize that Regulation 106 of Chapter III has been incorporated in the year 1996, but it controls the appointment made even prior to the said date on superannuary posts. The petitioner cannot be permitted to contend that he will continue against a superannuary post for all times come in Zila Panchayat Intermediate College, Kaushambi. 13. 12. It is needless to emphasize that Regulation 106 of Chapter III has been incorporated in the year 1996, but it controls the appointment made even prior to the said date on superannuary posts. The petitioner cannot be permitted to contend that he will continue against a superannuary post for all times come in Zila Panchayat Intermediate College, Kaushambi. 13. So far as the grievance of the petitioner that appointment of respondent No. 7 has been made de hors the statutory rules applicable, qua such appointment on the post of Clerk, this Court is not called upon to enter into the said issue at this stage, inasmuch as it would be in the interest of substantial justice that the grievance of the petitioner in that regard be examined by the Regional Joint Director of Education, Allahabad at the first instance and therefore, the petitioner is granted liberty to make a representation, ventilating all his grievances, qua selection and appointment of respondent No. 7 as clerk before Regional Joint Director of Education within two weeks from today, alongwith a certified copy of this order. On such representation being made, the Regional Joint Director of Education shall consider and decide the same, having regard to the judgment of the Writ Court dated 17th December, 2009 referred to above by means of a reasoned speaking order, preferably within four weeks from the date the representation is made, after affording opportunity of hearing to respondent Nos. 4 to 7. 14. So far as the alternative plea raised by the petitioner qua he be adjusted against any substantive post in any other intitution except Adarsh Intermediate College, Kaushambi in the background that his father was murdered while working in Adarsh Intermediate College, this Court can only provide that the District Inspector of Schools may examine as to whether any other vacancy in District Kaushambi on Class III post in a recognized and aided intermediate college required to be filled by direct recruitment is available and if such vacancy is available, the District Inspector of Schools may cancel the adjustment of the petitioner against such vacancy. Let the exercise be completed by the District Inspector of Schools within two weeks from the date a certified copy of this order is filed before him. However, this order will not mean that petitioner shall continue on superannuary post Zila Panchayat Intermediate College. 15. Let the exercise be completed by the District Inspector of Schools within two weeks from the date a certified copy of this order is filed before him. However, this order will not mean that petitioner shall continue on superannuary post Zila Panchayat Intermediate College. 15. With the aforesaid observations, the present writ petition is disposed of. ————