JUDGMENT This Special Appeal is directed against the interim order dated 10.8.2016 passed in Writ Petition No.37201 of 2016 (Committee of Management, Ramakant Seva Sansthan Madhyamik Kanya Vidyalay, Ramakant Nagar, Varanasi and another v. State of U.P. And Others) whereby an interim direction has been given to post the fourth respondent in the Institution of the petitioner and further that his appointment shall be subject to the decision of the writ petition. 2. Challenging the interim directions issued by the learned Single Judge, submission of learned counsel for the petitioner-Management is that in the matter of compassionate appointment of fourth respondent, there was no ocassion for the Basic Education Officer to transfer him from the Institution whereas he was first offered appointment against the vacant Class III Post in the Institution of fifth respondent namely Shri Shiv Karan Singh Gautam Uchchatar Madhyamik Vidyalay, Varanasi . As per the Government order dated 31.1.1997 pertaining to the appointment of the dependents of the deceased teaching and non teaching employees in unaided Junior High School, as far as possible, the appointment on compassionate ground is to be offered in the Institution in which the deceased employee was working. The mother of fourth respondent was working in Adarsh Vidya Kendra Balika Vidyalay Junior High-School, Bhuletan Varanasi, on the post of Incharge/Assistant Teacher. She died in harness on 27.12.2011. The claim of the fourth respondent namely Brijesh Gopal Khalifa was considered for compassionate appointment in accordance with the above noted Government Order dated 31.1.1997. 3. It appears that appointment on Class III Post in the Institution of fifth respondent was initially granted vide order dated 14.7.2015 passed by the District Basic Education Officer, Varanasi. 4. The record further indicates that the management of the said Institution namely Shri Shiv Karan Singh Gautam Uchchatar Madhyamik Vidyalay, Bhadauni, Varanasi did not allow the fourth respondent to join the post. He represented on 28.1.2016 before the District Basic Education, Varanasi. On such representation, the order dated 24.2.2016 was passed seeking explanation from the Management of the Institution namely Shri Shiv Karan Singh Gautam Uchchatar Madhyamik Vidyalay, Bhadauni, Varanasi as to why the fourth respondent has not been allowed to join. 5. He represented on 28.1.2016 before the District Basic Education, Varanasi. On such representation, the order dated 24.2.2016 was passed seeking explanation from the Management of the Institution namely Shri Shiv Karan Singh Gautam Uchchatar Madhyamik Vidyalay, Bhadauni, Varanasi as to why the fourth respondent has not been allowed to join. 5. Learned counsel for the appellant submits that the order dated 14.7.2015 was modified by the District Basic Education Officer vide order dated 25.7.2016 and the fourth respondent namely Shri Brijesh Gopal Khalifa was placed against the vacant Class III Post in the Institution of the petitioner/appellant namely Ramakant Seva Sansthan Madhyamik Kanya Vidyalay, Ramakant Nagar, Varanasi. 6. Aggrieved by the placement of fourth respondent, it filed Writ Petition No.37201 of 2016 out of which the present appeal arises. The grounds of challenge for placement of the fourth respondent before the learned Single Judge was that the fourth respondent was granted compassionate appointment and his name was earlier recommeded for appointment against the vacant post of Clerk in the Institution namely Shri Shiv Karan Singh Gautam Uchchatar Madhyamik Vidyalay, Varanasi. 7. The management of the said College did not permit him to join the Institution rather once Class III Post of Clerk has been notified by the Management of the said Insitution to be filled by direct recruitment. Under the relevant order, the District Basic Education Officer has the limited power to direct the concerned Commitee of Management to issue a letter of appointment. Once the name of the candidate was recommeded for appointment in another Insitution, there was no ocassion for the District Basic Education Officer for shifting him to the Institution of the petitioner. It is the Regional Commitee framed under the Government Order dated 31.1.1997 which has recommeded the fourth respondent for compassionate appointment. The District Basic Education Officer, had no power to modify the placement of fourth respondent. 8. In any case, under the Government Order dated 31.1.1997, as far as possible, the dependant of the deceased employee is to be accomodated in the same Institution in which the deceased employee was working. For appointment on compassionate ground, offer can be made against the vacant post to Class III or Class IV, in the said Institute. 9. 8. In any case, under the Government Order dated 31.1.1997, as far as possible, the dependant of the deceased employee is to be accomodated in the same Institution in which the deceased employee was working. For appointment on compassionate ground, offer can be made against the vacant post to Class III or Class IV, in the said Institute. 9. The circumstances in which the fourth respondent namely Shri Brijesh Gopal Khalifa was placed in the Institution namely Shri Shiv Karan Singh Gautam Ucchatar Madhyamik Vidyalaya namely the respondent No.5 in place of the Institution in which deceased employee was working is not before us. However, from the perusal of the order dated 14.7.2015 passed by the District Basic Education Officer, it appears that on the said date there existed one vacant post of Class III employee which was offered to the fourth respondent. The Committee of Management of the said Institution namely the respondent No.5 did not comply with the order of District Basic Education Officer. 10. The record further reflects that the vacant post of Clerk in the Institution namely Shri Shiv Karan Singh Gautam Ucchatar Vidyalaya of respondent No.5 has been advertised on 2.8.2016 after the order dated 25.7.2016 was passed by the District Basic Education Officer, Varanasi. There in nothing on record to show as to why respondent No.5 did not allow the fourth respondent to join on the vacant post. 11. It appears that no action has been taken by the District Basic Education Officer to ensure compliance of his order. 12. We find that the Learned Single Judge while issuing a direction allowing the fourth respondent to be posted in the Institution of the petitioner did not examine this aspect of the matter. 13. At this stage, learned counsel for the parties agree that the matter may be remitted to be examined by the Competent Authority after giving opportunity of hearing to the concerned Committee of Managements. 14. We are of the view that in the matter of placement of the fourth respondent requires appreciation of facts and, therefore, it would be appropriate that the matter be examined by the Regional Assistant Director of Education (Basic) who is the Chairman of the Regional Commitee, constituted to examine the claim for compassionate appointment of dependant of the deceased. 15. We are of the view that in the matter of placement of the fourth respondent requires appreciation of facts and, therefore, it would be appropriate that the matter be examined by the Regional Assistant Director of Education (Basic) who is the Chairman of the Regional Commitee, constituted to examine the claim for compassionate appointment of dependant of the deceased. 15. In view thereof, the Special Appeal and the Writ Petition are being disposed of with the directions to the Regional Assistant Director of Education (Basic) to examine and return its finding on the following questions: - (a) Whether on the date of consideration of claim of fourth respondent of compassionate appointment by the Regional Committee as per the Government Order dated 31.1.1997, any vacant post of Class III & Class IV employee existed in the Institution namely Adarsh Vidya Kendra Balika Vidyalay Junior High School, Bhuletan Varanasi, wherein the deceased employee was working. (b) The circumstances in which fourth respondent was offered placement in the Institution of respondent No.5 namely Shri Shiv Karan Singh Gautam Uchchtar Madhyamik Vidyalaya and whether Class III post against which he was offered appointment was vacant on 14.7.2015. (c) The circumstances in which the Committee of Management of the Institution namely Shri Shiv Karan Singh Gautam Ucchatar Madhyamik Vidyalaya, Varanasi repondent No.5 did not allow the fourth respondent to join. (d) What are the consequences of show cause notice dated 24.2.2016 issued by the District Basic Education Officer, Varanasi to respondent No.5 namely the Committee of Management, Shri Shiv Karan Singh Gautam Ucchatar Madhyamik Vidyalaya. (e) The circumstances in which fourth respondent was later on placed in the Institution of the petitioner namely Ramakant Seva Sansthan Madhyamik Kanya Vidyalay, Ramakant Nagar, Varanasi. 16. The Regional Assistant Director of Education (Basic) shall pass a reasoned and speaking order after affording due opportunity of hearing to all the parties concerned within a period of six weeks from the date of submission of certified copy of this order taking decision regarding placement of fourth respondent namely Shri Brijesh Gopal Khalifa on compassionate ground against the vacant post in the concerned Institutions in the following order of preference: -. (1) Firstly, the Institution in which the deceased employee was working. (2) Then the Institution of the respondent No.5 namely Shri Shiv Karan Singh Gautam Uchchtar Madhyamik Vidyalaya. (1) Firstly, the Institution in which the deceased employee was working. (2) Then the Institution of the respondent No.5 namely Shri Shiv Karan Singh Gautam Uchchtar Madhyamik Vidyalaya. (3) And lastly, the Institution of the petitioner namely Ramakant Seva Sansthan Madhyamik Kanya Vidyalaya. 17. With the above observations and directions, the writ petition is disposed of.