K.N.Singh, J. - (1.) Having heard learned counsel for the parties and with their consent we are disposing of this petition at the admission stage.
(2.) The petitioner's father w as Class IV employee in Janta Inter College, Nizamabad, Azamgarh. He died in harness before his superannuation. The petitioner being his daughter aged about 23 years made an application for employment in the institution in accordance with the directions issued by the Government as contained in Government Order dated 23-9-1981. The Management however, did not offer her any appointment. The District Inspector of Schools also made repeated requests to the Management of the Institution to appoint the petitioner but the Management paid no head to it. Aggrieved the petitioner filed this writ petition under Article 226 of the Constitution of India for issue of a writ of mandamus directing the Principal of the Institution to appoint the petitioner as a Class IV employee.
(3.) After hearing counsel for the parties there appears to be no dispute that the directions contained in the Government order dated 23-9-1981 require the appointing authority to offer appointment to the dependent of an employee who may have died in harness There is no dispute that the petitioner's father died in harness and in accordance with the principles contained in the Government Order dated 23-9-1981 the petitioner in entitled to be appointed in the institution. But the Management and the Principal both have failed to carry out the directions contained in the Government Order. In the counter affidavit the only explanation furnished before the Court is that the petitioner failed to produce succession certificate. Although the petitioner has submitted the succession certificate yet she has not been given employment and the respondents have acted in an unreasonable manner.;