- (1.) SHRI K.N. Tripathi, Sr. Advocate assisted by SHRI Neeraj Tripathi appears for the petitioner. Learned Standing Counsel appears for the State respondents. SHRI Ashok Khare, Sr. Advocate assisted by SHRI.V.K. Singh appears for respondent No. 5. With the consent of the parties, we have finally heard the special appeal.
(2.) THE petitioner appeared in the selections for the vacant sanctioned post of Asstt. clerk in Janta Inter College, Nagra, Distt. Ballia, after the Committee of Management had requested for prior approval of the District Inspector of Schools to fill up the posts on 1.3.2008 and the District Inspector of Schools gave permission on 29.1.2008. THE vacancy on the post was advertised in daily newspapers. THE Selection Committee selected the petitioner for appointment on the post reserved for Other Backward Class person. Before the District Inspector of schools could grant approval for appointment in accordance with the scheme of appointment of Class-Ill and IV employees under Regulation 101 to 107, under Chapter III of the Regulations made under the U.P. Intermediate Education Act, 1921, the claim of the respondent No. 5 Shri Santosh Kumar Singh for compassionate appointment was considered by the Court and a direction was issued to the District Inspector of Schools to look into his grievance. He was claiming compassionate appointment on an application made by her mother, on the death of father on 24.5.2007 serving as a Lecturer in the college. The District Inspector of Schools by his order dated 9.8.2008 signed on 8.8.2008 passed in pursuance to the directions issued by this Court on 13.12.2007 in Writ Petition No. 61157 of 2007 modified his Oder dated 22.10.2007 to the effect that instead of the offer of Class-IV appointment, which was considered by the Committee constituted under Regulation 105, and for which letter of appointment was issued to Shri Santosh Kumar Singh on compassionate grounds on 1.10.2007, since he was intermediate, he was directed to be appointed as a clerk. Consequently the post of Asstt. Clerk for which the petitioner-appellant was selected and the matter of approval was pending, was directed to be filled up. The petitioner appellant filed the writ petition challenging the order of the District Inspector of Schools dated 9.8.2008 on the ground, that Shri Santosh Kumar Singh-respondent No. 5 was given compassionate appointment by the District Inspector of Schools in pursuance to the Regulations 102,104,105 and 106; he did not choose to accept the appointment as Class-IV employee and relied upon application given by her mother on 10.8.2007 for his appointment as clerk commensurate with her qualification.
(3.) LEARNED Single Judge found that in pursuance to the directions issued by the Court the District Inspector of Schools rightly proceeded to pass the impugned order and since prior approval as required under the Regulations was not given to the appointment of petitioner-appellant, he does not have right to object to the modification of the impugned order dated 22.12.2007 by the District Inspector of Schools and the offer to appoint Shri Santosh Kumar Singh-respondent No. 5 on the vacant post of Asstt. Clerk. The writ petition was dismissed, giving rise to this intra -Court appeal under Chapter VIII Rule 5 of the Rules of the Court. Shri K.N; Tripathi, learned counsel for the petitioner appellant submits that the rules of appointment of Class-Ill and IV employee contained in Regulation 104 to 107 include Rules of compassionate appointment in Regulation 103,104,105 and 106. On the death of the employee in harness, any dependent family member, can be considered for compassionate appointment on the vacancy. Under Rule 105 the application has to be considered by a Committee consisting of District Inspector of Schools as Chairman and Accounts Officer in the office of the District Inspector of Schools, and the District Basic Education Officer as members of the committee. The appointment under Regulation 106 has to be offered commensurate with the educational qualifications. In the present case he submits that the respondent No. 5 was offered compassionate appointment on Class-IV post after consideration by the Statutory Committee on 1.10.2007. He did not accept the appointment and requested for improving his position by giving him appointment on the vacant post of clerk, and filed a writ petition No. 61157 of 2007 in which directions were given on 13.12.2007 to consider his grievance. He did not accept the appointment as Class-IV employee and has forfeited his right to be considered for appointment on compassionate ground. Shri K.N. Tripathi submits that in the meantime the Committee of Management requested and was given consent by the DIOS on 29.1.2008; advertised the vacancy on 6.2.2008 and selected the petitioner for appointment on the post of clerk in open competition. The papers of approval are still pending. He submits that in such case the appointment will be deemed to be approved as the DIOS did not communicate the disapproval within two weeks of the submissions of the papers by the Committee of Management.;