RAM ASREY Vs. STATE OF U P

JUDGEMENT

(1.) Mahashakti Uchchatar Madhyamik Vidhyalaya, Bisara, Mirzapur is a recognized approved Institution by the Education Department of the State, the U.P. Intermediate Education Act, 1921 and U.P. High School & Intermediate Collegs (Payment of Salaries of Teachers & other Employees) Act 1971 is applicable to the Institution.

(2.) The father of the Petitioner late Hari Charan was a Peon in the said Institution. Hari Charan, Peon died on 12 - 12 -- 87 in harness. The Petitioner Ram Asrey is one of the SONS of the deceased Hari Charan who submitted an application before the Principal of the Institution Mahashakti Uchchattar Madhyamik Vidhyalaya (herein-after to be referred as 'Institution'). By the application, the Petitioner prayed to the Principal of the Institution for an appointment as a IV class employee under the Harness Rules and the Government Order No. 6648/15-7-1(78)/1981 dated 23rd September. 1981. A copy of the said G.O. has already been annexed as Annexure 2 with the petition. Since the Principal of the Institution did not offer any employment to the Petitioner in place of his deceased father under the Harness Rules and the Government Order, the Petitioner submitted the application before the D.I.O.S. Mirzapur. The District Inspector of Schools' Mirzapur was pleased to order on 16-1-88 to appoint Petitioner Ram Asrey under the G.O. referred above. The Principal of the institution inspite of clear and specific direction of giving employment under the G.O. to the Petitioner did not offer any employment and failed to comply the directions of the D.I.O.S. The D.I O.S. again sent a letter dated 24th February, 1988 to the Principal of the college directing him to comply with his order and report compliance. The Principal of the college inspite of the letter of the D.I.O.S. remained indifferent and declined to comply the directions. The D.I.O.S. again by letters dated 13-4-1988, 8-12-1988 and 28-12-1988, copies whereof are annexed with the writ petitions as Annexure 6 to 8 directed the Principal to comply with his order. The Petitioner when failed to get an employment under the G.O. and Harness Rules, preferred the present writ petition before this Court which was heard and interim direction was issued on 25-1-89 by the Division Bench.

(3.) The Petitioner was aged about 29 years at the time of filing of the writ petition and possessed requisite educational qualifications for being appointed as Class IV employee in the Institution. He stated in the writ petition that the bread-earner of the family has died and the family members of the deceased are facing serious financial crises and are at the verge of starvation.