- (1.) Petitioner claims appointment on compassionate grounds on account of death of his father who died in harness on 19.11.2000. Deceased father of the Petitioner was working as Assistant Teacher in Mirza Anwar Beg Inter College, Usarhata, Jaunpur, which is a minority Institution. It is contended that the Petitioner, having possessed with requisite qualifications, was eligible to be appointed in the Institution on a Class III post and in this behalf representation was made to the concerned College for issuance of proper orders. Available papers were sought by the DIOS, concerned from the Institution in respect of the deceased father of the Petitioner. After receipt of the informations no steps were taken by the Officials/Respondents which compelled the Petitioner to file a writ petition before this Court being Civil Misc Writ Petition No. 50638 of 2004. The said writ petition came up for consideration before the Court on 13.11.2004 and this Court disposed of the writ petition with a direction to the Respondents to take proper decision on the representation of the Petitioner by passing a speaking order in this behalf. Representation of the Petitioner was considered and the same has been rejected vide order dated 3.5.2005. This order is subject matter of challenge before this Court.
(2.) The case of the Petitioner is that in terms of the U.P. Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974, the Petitioner is eligible to be appointed on compassionate grounds. In terms of Regulation 103 of the Chapter III of the Regulations framed under the U. P. Intermediate Education Act 1921 any teacher or employee of ministerial grade of any recognized, aided Institution dies in harness, member of his family who is not less than eighteen years in age can be appointed on the post of teacher or any ministerial post if he possess requisite qualification. Proviso to the aforesaid regulation provides that the said regulation would not apply to any aided Institution established and administered by any minority class. A note is also appended to the said regulation according to which this regulations would apply to those employees who had died on or after 1.1.1981.
(3.) An amendment was made to the said Regulation w.e.f. 9.8.2001 whereby the proviso attached to Regulation 103 stands deleted as a result of which the said regulations would apply to any recognized aided Institution established and administered by any minority class. In view of the said amendment affected in the said regulation, Petitioner would be eligible to be considered for compassionate appointment. Despite amendment having been affected Respondents have rejected the claim of the Petitioner for appointment under the said provisions.;