M.L. Bhat, J. - (1.) Counter-affidavit has not been filed. Heard learned counsel for the petitioner as also the Standing Counsel.
(2.) The petitioner's case is that his father was working as peon in the Maharishi Valmiki Inter College, Allahabad, who died on 19.10.1985 in harness. At that time the petitioner could not apply because he had not attained the minimum age required for being appointed to the post of Class IV. The petitioner applied for being appointed on 313.1989. His application was forwarded by the District Inspector of Schools, Allahabad on 26.6.1989 to respondent No. 3 with an endorsement that the petitioner be appointed in terms of a Government Order of 1981. Respondent No. 3 has refused to appoint the petitioner despite a number of requests made by him.
(3.) It was conceived by the learned Standing Counsel that in view of Sushma Gosain's case, reported in AIR 1989 S.C. 1976, respondent No. 3 was obliged to appoint the petitioner against a post of peon and if the post of peon is not available, the respondents are bound to create a post so that the petitioner is absorbed. The Government Order of 1981 has a laudable object inasmuch as it tries to mitigate the distressed condition of the family members of the deceased who have suffered due to untimely death of their bread earner. The Supreme Court has laid down the principle as to in what manner the Government should behave while appointing a dependent of the employee who has died in harness while serving the Government. In view of the principle laid down by the Supreme Court, it is not necessary to keep the matter pending and prolong of the agony of the petitioner unnecessarily. The petitioner is entitled to reap the benefit of the Government Order of 1981.;