B.M.Lal, J. - (1.) BY this petition under Article 226 of the Constitution, the petitioner seeks a writ of mandamus directing the respondents to appoint him on the post of Co -operative Supervisor under Provincial Co -operative Union, Lucknow. In short the case of the petitioner is that his deceased father Sri Bhuwaneshwar Pandey was working as Co -operative Supervisor at Block Maniyar, District Ballia and he died in harness in the year 1982. After the death of his father, the petitioner approached to the Respondents for his appointment on compassionate ground. According to the averments made in the petition his case for appointment was also recommended by the Deputy Registrar Co -operative Societies, U.P., Varanasi to the Managing Director (Respondent No. 1) vide his letter dated 7 -12 -1989 contained in Annexure -2 to this petition. It is further averred in para. 5 of the petition that in the month of July, 1990 many posts of Supervisors were shown vacant and by August, 1990 other persons having graduate qualifications were absorbed, but petitioner has not been appointed although he is also a Graduate, and hence this petition.
(2.) IN the counter -affidavit filed on behalf of the Respondent, the stand taken is that petitioner's father died in the year 1982 whereas the provisions for considering appointment on compassionate ground was given effect to from July, 1983, and, thus the dependent of the person who died in service after July, 1983 was only entitled to be considered for being appointed on compassionate ground. Besides this certain other grounds have also been taken in support of the respondents' case, which in the opinion of this Court, are not relevant for deciding the point in issue. This legal position is not disputed that when an employee dies in harness, one of his dependants is to be given employment on compassionate ground in view of the fact that in Smt. Sushma Gosain v. Union of India : 1989 (59) FLR 626 (SC), and recently in Phoolwati v. Union of India : AIR 1991 SC 469, while deciding the same issue the Apex Court has ruled that there should not be any delay in appointment as the purpose of providing appointment on cam passionate ground is to mitigate the hardship due to death of bread earner in the family, therefore such appointment should be provided immediately. If there is no suitable post for appointment, supernumerary post should be created to accommodate the dependent of deceased.
(3.) APPLYING the same principle as enunciated in the case of Smt. Sushma Gosai (supra) and Phoolwati (supra), I direct the Respondents to appoint the petitioner on the post of Co -operative Supervisor within a period of one month from the date of presentation of a certified copy of this order. In the result, this petition succeeds and is allowed at the admission stage.;