Arun Tandon - (1.) -Heard counsel for the parties.
(2.) IMPLEADMENT application is allowed. Counter-affidavit filed on behalf of newly added respondent may be taken on record. Petitioner Yatendra Kumar Kaushik was offered compassionate appointment under an order of the District Inspector of Schools, Bulandshahr dated 22.5.1993, which amongst other provided that the petitioner is being appointed against a supernumerary post of Clerk subject to the condition that as soon as a vacancy of Class III post becomes available in the institution, he shall be absorbed against the same. The condition so incorporated in the order dated 2.5.1993 is not under challenge. It is stated that a post of Clerk in the institution has fallen vacant with the retirement of one Sri Noor Mohammad on 31.10.2004. The petitioner seeks absorption against the vacancy now caused.
(3.) THE claim set up by the petitioner is being contested by the newly added respondent Manveer Pratap Singh (hereinafter referred to as M. P. Singh). M. P. Singh claims that he was offered compassionate appointment in the year, 1996 in the same institution on Class III post. THE appointment so offered to Sri M. P. Singh was contested by Noor Mohammad, then Class IV employee of the institution, on the ground that the vacancy against which Sri M. P. Singh has been offered appointment is within the quota reserved for promotion. THE matter was agitated up to this Court under Writ Petition No. 27908 of 1996. This Court by means of judgment and order dated 2.9.1996 disposed of the writ petition with a direction upon the Deputy Director of Education to decide the dispute between M. P. Singh and Noor Mohammad. The Deputy Director of Education by means of the order dated 17.1.1997 held that the vacancy in question was within the quota reserved for promotion and therefore the appointment offered to Sri M. P. Singh against the said vacancy was legally not justified. The said order of the Deputy Director of Education was challenged by Sri M. P. Singh by way of Writ Petition No. 7303 of 1997. The writ petition was disposed vide judgment and order dated 8.9.1997 with a direction upon the Deputy Director of Education to appoint Sri M. P. Singh against class III post either by creating a superannuary post or by attaching him to some other institution.;