- (1.) Challenge in this writ petition is an order dated 03.05.2011 (Annexure-1 to the writ petition) passed by opposite party no. 4 (District Inspector of Schools, Pratapgarh,(hereinafter referred to D.I.O.S.) by which the approval for appointment of the petitioner as Class IV employee in Brijendra Mani Inter College, Kohdaur, District Pratapgarh was not accorded.
(2.) The brief facts giving rise to this petition are that Brijendra Mani Inter College (in short 'School')) is a recognized government aided institution under the provisions of Intermediate Education Act, 1921 (hereinafter referred to as Act). On account of retirement of one Rameshwar Prasad on 31.10.2009 a substantive vacancy occurred in the cadre of Class IV. On the same day another vacancy in cadre of class III was occurred on account of death of one Ajay Pratap Maurya, who died in harness. Smt. Rekha, W/O deceased Ajay Pratap was seeking appointment of his son Santosh Kumar on compassionate ground through a letter given to DIOS. The DIOS by its letter dated 20.3.2010 asked for certain information from the principal of school in regard to the compassionate appointment to be made in the light of the application of Smt. Rekha Devi. DIOS informed Smt. Rekha Devi by the same letter that she may apply to the principal of school for compassionate appointment of his son because, the application for compassionate appointment should be proceeded through the principal so further action may be taken thereon. In reply to this letter of DIOS principal intimated DIOS by his letter dated 15.5.2010 that the petitioner Rajesh Kumar Misra has been appointed against the vacant post in Class IV cadre on account of vacancy occurred due to retirement of Rameshwar Prasad. He further informed that now no post is lying vacant in Class IV cadre. This letter appears to have been written by the Principal with an intention to informe the DIOS that he had already made the appointment of the Petitioner of this case Sri Rajesh Kumar Misra, and now no vacancy exist in the Class IV cadre. It also reflect that the principal was not inclined to make compassionate appointment of Santosh Kumar, son of deceased Ajay Pratap, who died in harness, on the vacant post in class IV cadre.
(3.) It is not in dispute that the matter for compassionate appointment of Santosh Kumar was pending consideration when principal issued appointment letter to the of petitioner. Consequently approval of appointment of petitioner was rejected by DIOS vide his order dated 25.5.2010.;