- (1.) Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
(2.) By means of present writ petition, the petitioner has prayed for direction in the nature of mandamus directing the respondents to appoint him as Assistant Clerk in Brijesh Intermediate College, Gulalpur, District Jaunpur.
(3.) Brief facts giving rise to the present case are that Shri Triloki Nath Sharma-the father of the petitioner was working as Class-IV employee in Brijesh Intermediate College, Gulalpur, District Jaunpur (in short the institution) since 01.7.1957. The institution was duly recognized as Intermediate College under U.P. Intermediate Education Act, 1921 and received grant-in-aid from the State Government. On the retirement of Shri Sita Ram Yadav, Head Clerk of the institution on 30.6.1991, Shri Ram Dularey Yadav was promoted from Assistant Clerk to Head Clerk and due to his promotion, one post of Assistant Clerk fell vacant under 50% promotional quota. There were four sanctioned post of Clerks including Head Clerk in the institution and therefore, two posts were reserved under the promotional quota. The father of the petitioner being senior-most Class-IV employee was entitled to be promoted as Assistant Clerk. The Committee of Management of the institution appointed Shri Prakash Yadav, who is son of Shri Sita Ram Yadav-the retired Head Clerk, by direct recruitment. The District Inspector of Schools granted approval to the appointment of Shri Prakash Yadav on 07.8.1991. The father of the petitioner filed a representation against the appointment of Shri Prakash Yadav. Thereafter, he filed a Writ Petition, which was disposed of on 11.10.1991 with direction to decide the representation. The father of the petitioner was suspended on 04.4.1992. He filed another Writ Petition No.17432 of 1992, in which an interim order was passed on 19.5.1992 staying the suspension order. The said writ petition was disposed of on 11.11.1997 and despite the clear directions of this Court by its order dated 19.5.1992, he was not paid the salary by the respondents nor any subsistence allowance was paid to him. He filed a representation against the appointment of Shri Prakash Yadav, which was rejected by the respondents by their order dated 7.4.1992. He challenged the order dated 7.4.1992 in Writ Petition No.1527 of 1993 and during the pendency of the said writ petition, the father of the petitioner expired on 02.5.2001. The petitioner is the eldest son and is fully qualified for being appointed as Assistant Clerk in the institution on compassionate ground. He represented on 24.5.2001 before the District Inspector of Schools for his appointment on compassionate ground. He also represented before the Deputy Director of Education, 5th Region, Varanasi; Director of Education, Allahabad and Additional Director of Education, 5th Division, Varanasi on 24.5.2001. He also intimated to the Principal of the institution on 5.7.2001 and 10.7.2001, that he has no source of income and is fully qualified to be appointed on compassionate ground. He again sent representation to the Principal of the institution on 10.7.2001 and reminders to the District Inspector of Schools on 10.7.2001 and 12.7.2001. When no action was taken up by the respondents for appointing him on compassionate ground, he again reminded the respondents on 10.7.2011 intimating his precarious condition that he is in urgent need of a source of livelihood.;