R.A. Sharma, J. - (1.) Petitioner's father, who was peon in K.P. Intermediate College, Allahabad (hereinafter referred to as College) died on 7.10.1986 while in service. Government of Uttar Pradesh had issued order for appointing dependant of an employee of the educational institution who was bread earner of the family and had died in harness. The petitioner as such applied for appointment for the post of peon as he was eligible for the same. The Principal of the college appointed the petitioner as peon and foreword the papers to the District Inspector of Schools, Allahabad, for approval. The District Inspector of Schools, Allahabad, by order dated 7.2.1987 approved the appointment of the petitioner as peon in the college after relaxing the norms. The petitioner accordingly joined the college and since then working as peon in the college. It appears that after some times the petitioner was not paid his salary and as such he made several representations to the District Inspector of Schools. Allahabad, and Deputy Director of Education. However, the petitioner, by order dated 5.7.1989, passed by District Inspector of Schools, Allahabad, had been asked to join another college known as Ishwar Saran Inter College, on the ground that there being no vacancy in the college the petitioner cannot be appointed in it. The petitioner has filed this writ petition against the aforesaid orders and also for payment of salary including the arrears.
(2.) A counter-affidavit has been filed on behalf of District Inspector of Schools, Allahabad, and in para 4 where of it has been stated that by order dated 7.2.1987 petitioner was appointed as peon in the college after relaxing norms, but later on it came to the notice that two posts of lecturer and certain posts of class-IV employees were in excess of the norms and as such operation of the order of approval dated 7.2.1987 was stopped by latter dated 16.12.1987. It appears that this letter dated 16.12.1987 was not communicated to the petitioner and he has no knowledge about it. As this fact about subsequent order dated 16.12.1987 was mentioned in the counter-affidavit, the petitioner in his rejoinder-affidavit had categorically stated that he was not given any opportunity of being heard before passing the aforesaid order. It is further asserted that even before passing the impugned order dated 5.7.1989 (Annexure-8 to the writ petition), the petitioner was not given any opportunity of being heard.
(3.) The very fact that the petitioner was appointment on compassionate ground by District inspector of Schools after relaxing norms shows that there was no vacancy at that lime otherwise there was no necessity for relaxing the norms. It is not disputed that the District Inspector of Schools is competent to make appointments on compassionate ground by relaxing norms if bread earner of the family dies in harness. Once an appointment has been made it cannot be set-aside, cancelled or disapproved by the same authority except on the ground of fraud, misrepresentation or mistake which goes to the root of the matter. It is not the case of the respondents that petitioner is guilty of any fraud or misrepresentation. It is also not the case of such a mistake which could justify reviewing/stopping the order of appointment. District Inspector)' of Schools was fully justified to appointing the petitioner in the college as peon after relaxing norms and there is no justification to pass the impugned orders.;