A.P.Sahi, J. - (1.) The questions, raised in these two writ petitions, call upon this Court to answer the issue, as to whether once a person has been extended the benefit of compassionate appointment under the relevant statutory Rules, then can a further claim for being appointed on a higher post on the same basis be made subsequent thereto. Sri Santosh Singh-the petitioner in the first writ petition has prayed for a mandamus commanding the Basic Education Officer, Kanpur Nagar, to decide his representation dated 26.3.2002 wherein he has staked a similar claim on the basis of such benefits having been extended to the Respondent Nos. 3 to 11.
(2.) The petitioner-Santosh Singh claimed compassionate appointment upon the death of his father, who died on 23.2.1977 and who was in harness at the time of his death working as a Teacher in a Primary School, the services whereof are governed by the U.P. Basic Education Act, 1972 and the rules framed thereunder. The benefit of compassionate appointment in such matters has been extended from time to time under the relevant Government Orders for all primary institutions including Junior High Schools. In the instant case, the petitioner claims appointment under the Government Order dated 23.3.1990 and it is accepted on record that Santosh Singh was appointed as a Class IV employee in a Senior Basic School (Junior High School), Sarasaul, on 12.8.1992. After almost 10 years, on 26.3.2002, an application was filed by Santosh Singh before the Basic Education Officer requesting for his appointment as a Teacher on compassionate basis in view of the fact that the Respondent Nos. 3 to 11 and other similarly situated persons had been extended such benefits and that he holds the requisite qualification for being appointed as such. It was contented on his behalf before the authorities as well as before this Court that the aforesaid Government Order indicates that the appointment has to be commensurate to the qualification of the candidate and since the Government Order also makes a provision for appointment as an Assistant Teacher on compassionate basis, therefore, the applicant ought to be appointed as a Teacher instead of a class-IV employee. In effect, he wanted modification of his appointment letter which was for a class-IV post and get it converted into an appointment as a Teacher after having worked for 10 years as a class-IV employee.
(3.) The petition filed by Santosh Singh discloses that a complaint was made before the Director of Education (Basic), a copy whereof is Annexure-3 and a reminder to the Basic Education Officer was sent reiterating the same. The complaint before the Director of Education levels allegations against the Respondent No. 3- Mohd. Parvez Alam for having manipulated his appointment and also responsible for his unauthorised activities including victimisation of persons like the applicant and virtually running the office of the Basic Education Officer by virtue of his attachment in the said office. The complaint further levels allegations against him relating to his alleged nefarious activities with a request that a stern action should be taken against him and an enquiry should be made as to how Mohd. Parvez Alam and others have been given the second benefit under the Compassionate Appointment Rules, which is impermissible in law.;