R.A.Sharma, J. - (1.) PETITIONER 's father, Sri Raj Pali Tiwari, who was employed in Sri Gandhi Smarak Inter College, Samodhpur, Jaunpur, died in harness on 20 -10 -1983, leaving behind the petitioner and other dependents, petitioner made an application for appointment on compassionate ground due to death in harness of his father in accordance with the Government Order providing for appointment of the dependant of the bread earner, who has died in harness Petitioner made representation before the District inspector of Schools, Jaunpur, who by his order dated 10 -5 -1988 directed the manager and the Principal of the aforesaid college to make the appointment of the petitioner. It however, appears that in spite of the aforesaid letter of the District Inspector of Schools, petitioner was not appointed. After having made several representations petitioner ultimately filed this writ petition for writ of mandamus directing the respondents to appoint him on the post of peon in the aforesaid college. The District Inspector of Schools and the management have filed counter -affidavits and the petitioner has filed rejoinder affidavit in reply thereto. I have heard Learned counsel for the parties.
(2.) IN paragraph 5 of the counter -affidavit of Sri Ranjit Singh, filed on behalf of the management, it has been stated that the petitioner's mother (widow of the deceased) was offered the appointment but she refused. These allegations have been denied in the rejoinder -affidavit. Averment made in paragraph 5 of the aforesaid counter -affidavit relating to the offer of the job to the widow do not inspire confidence, because when the bread earner has died and the whole family is unemployed, it is not possible to believe that the offer of the job was declined. The object of the Government Order providing for employment of the dependent of the employee, who has died in harness is to give assistance to the bereaved family and it is the duty of the District Inspector of Schools and the management of the college to see that such appointment is made at the earliest otherwise the very purpose of the Government Order will be frustrated. In view of the Government Order a dependent of the employee, who has died in harness, has to be appointed and as observed by the Supreme Court in the case of Smt. Sushma v. Union of India, : AIR 1989 SC 1976 if there is no post for such an appointment, a post has to be created for making appointment on compassionate ground.
(3.) THE writ petition is accordingly allowed. The respondents are directed to appoint the petitioner on compassionate ground as a peon or any other Class IV post in Sri Gandhi Smarak inter College, Samodhpur, Jaunpur within three months from the date of receipt of the certified copy of this Order. In case there is no vacancy, the District Inspector of Schools is directed to sanction the post for appointment of the petitioner so that the order of this Court is complied with within the time specified above. Certified copy of this order shall be given to the petitioner within a week on payment of usual charges.;