Rakesh Tiwari - (1.) HEARD counsel for the parties.
(2.) THE petitioner is the son of a retired employee of the Board who retired on 31.5.1985 from Madhyamik Shiksha Parishad, Uttar Pradesh, Allahabad. He moved an application dated 2.1.1995 for appointment on the post of Junior Clerk on the ground of being the son of a retired employee of the Board. Learned counsel for the petitioner has urged that the Board is appointing the sons and daughters of the retired employee in flagrant violation of Recruitment Rules but is discriminating with the petitioner. He further submits that neither any vacancy is even advertised nor vacant posts are filled up in accordance with law.
(3.) IF such be the situation, the Court recommends a vigilance enquiry into such state of affairs where sons and daughters of the retired employees are being given employment in violation of law depriving meritorious candidates who may apply in accordance with Recruitment Rules. No person has a legal right to appointment merely on ground of being sons and daughters of a retired employee of the Board. Let a copy of this order alongwith copy of writ application be sent by the learned standing counsel to the Secretary, Madhyamik Shiksha Parishad, Uttar Pradesh, Allahabad as well as the State Government through its Secretary, Secondary Education Department, Government of U. P., Lucknow for a preliminary enquiry in the matter and thereafter setting up an enquiry, if required, to verify the charges of the petitioner and for taking appropriate action against the erring officers if any. Report shall be submitted to the Court within two months from today alongwith the counter-affidavit. Rejoinder-affidavit may be filed within a month thereafter.;