- (1.) 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 Standhtg 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.
(3.) Facts in short relevant for deciding the present writ petition are as follows: (i) 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 Inspector 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. (ii) 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. (iii) 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. (iv) 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. (v) 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.;