N.L. Ganguley, J. - (1.) The petitioner filed this writ petition seeking a writ of mandamus commanding the respondents to appoint the petitioner on the post of the clerk for which he is duly qualified. The Petitioner's father was employed as Class IV employee in the office of the Jal Sansthan, Jhansi Division, Jhansi. Petitioner after the death of his father submitted an application for appointing him under the Harness rules in the department. Petitioner is Intermediate pass. A copy of his Intermediate examination certificate of 1974 is annexed with the writ petition as Annexure IV. The petitioner was given a job of Class IV under the Harness Rules by appointment letter, dated 26-11-988. The petitioner stated that he is fully qualified for appointment as Class III employee in the department. He submitted representation before, the General Manager, Jal Sansthan, Jhansi and also the Executive Engineer, Jal Sansthan, Lalitpur for providing a job in Class III. His representation was filed on 15-12-1988 along with copies of High School and Intermediate Certificates and marks sheet and copy of the G.O., dated 21-12-1973. Thereafter the Petitioner submitted a member of representations before the concerned authorities. Inspite of the reminders and representations the authorities have not passed any orders for providing him a Class III job nor ever replied to the Petitioner. The petitioner have cited Smt. Sushil Hosain and others v. Union of India and others, A.I.R. 1989 S.C. 1976. The Supreme Court in the said case laid the law that of the State is providing an appointment in compassionate grounds to mitigate the hardship due to death of the bread earner in the family, such appointment should, therefore, be provided immediately to redeem the family in distress. The petitioner has also referred to a Division Bench case reported in Surya Bhan Singh v. Commissioner, Gram Vikas U.P., Lucknow and others 1989 U.P.L.B.E.C. 496. This Division Bench of the case is directly on the point that if a person is given an appointment under the Harness rules the employment be given at an early date and according to the qualification of the person who are to be employed. The Supreme Court in the judgment referred to above have gone to the extent that in case there is post available for appointment supernumerary post may be created.
(2.) After hearing the counsel for the petitioner and the learned standing counsel who consents that the petition be finally disposed of, I allow the writ petit and direct the opposite parties to consider the petitioners and provide a suitable job in class III employee according to his qualification. If there is no such post available, supernumerary post should be created or he may be given a job in the Division or in any adjoining district in the Division within a period of three months from today.
(3.) With these directions the writ petition is deposed of.;