V.K. Shukla, J. - (1.) 1. Petitioner has approached this Court questioning the validity of order dated 02.09.2006 passed by District Inspector of Schools, Jaunprur, by means of which directives have been issued for appointment of Shakti Kumar Pandey as Assistant Clerk under Dying in Harness Rules. The petitioner, Shyam Sunder Shukla, clams that he is class IV employee in Bajrang Inter College, Ghanshyampur, Jaunpur, wherein there are three posts of class III employees; one Head Clerk and two Assistant Clerks. The post of Head Clerk, which was being occupied by Kamla Prasad Tiwari, fell vacant on account of his superannuation. The said post was filled in by way of promotion of one Lal Mani Tiwari. The second post of Assistant Clerk is occupied by Shobh Nath Pasi. Under Chapter III Regulations 101 to 107 of the Regulations 50% of the vacancies have to be filled in by way of promotion, and in case while reckoning 50%, there comes half vacancy, then the same has to be treated as one. As in all there are three vacancies, out of which one has been filled in by way of promotion and the other by way of direct recruitment, then in all eventuality, third vacancy has to be filled up by way of promotion.
(2.) Petitioner claims that he, being class IV employee in the institution, is entitled to be promoted against the third vacancy in class III post, but claim of petitioner has not been considered and the order dated 02.09.2006 has been passed appointing Shakti Kumar Pandey as Assistant Clerk by way of direct recruitment under Dying in Harness Rules. At this juncture, present writ petition has been filed.
(3.) Counter affidavit has been filed on behalf of contesting respondent, wherein it has been stated that his family was in crisis; he has been rightly offered appointment under Dying in Harness Rules, and there is no shortcoming in the appointment, which has been made. After pleadings inter se parties have been exchanged, present writ petition has been taken up for final hearing and disposal with the consent of the parties.;