DEVENDRA NARAIN TIWARI Vs. UPPER SHIKSHA NIDESHAK (MADHYAMIK) SHIKSHA NIDESHALAYA AND OTHERS
LAWS(ALL)-1991-3-148
HIGH COURT OF ALLAHABAD
Decided on March 25,1991

Devendra Narain Tiwari Appellant
VERSUS
Upper Shiksha Nideshak (Madhyamik) Shiksha Nideshalaya Respondents

JUDGEMENT

Om Prakash, J. - (1.) AGGRIEVED by the order dated 29th December 1990, Annexure 4 to the writ petition passed by the respondent No. 2, the petitioner has come up to this court for quashing the said order. The contention of the petitioner is that his father, a teacher in L.T. Grade in D.A.V. Inter College Kanpur, died in harness on 31 -10 -1989 and then he was appointed as a Cass IV employee by the Principal of the College, who sought approval of the respondent No. 2. Thereupon, the respondent No. 2 addressed the impugned letter to the Additional Director of education seeking his permission to accord the approval to the appointment of the petitioner. It is stated in the impugned letter that sanctioned strength of Class IV employees is only 14 but 35 Class IV employees have been working and hence 21 employees are surplus. This is why the respondent No. 2 addressed the impugned letter to the Additional Director of Education seeking permission to accord approval to the appointment of the petitioner. So far as the petitioner is concerned, there is a clear policy of the Government as reflected in the G.O. dated 23rd September 1981 that the dependents of the deceased be immediately provided same employment which they are eligible to save the family of any financial hardship. That being the policy of the Government the petitioner was rightly employed as Class IV employee by the principal. So far as the excess strength of Class IV employees is concerned, the respondents may take suitable steps in the matter and may pass any order as deemed proper against the Class IV employees who are working beyond the sanctioned strength but the Government order should be given effect in so far as the petitioner is concerned.
(2.) IN the result the writ petition is allowed, the impugned order dated 29 -12 -1990 Annexure 4 to the writ petition is quashed and the respondents are directed to accord financial approval to the appointment of the petitioner from the date of appointment.;


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