- (1.) This intra court appeal is directed against the Judgement and order dated 2.4.2004 passed by the learned Single Judge wherein mandamus has been issued to the appellant Committee of Management of the Balika Inter College, Shahganj, District Jaunpur to offer compassionate appointment to the respondent no. 5, Smt. Beena Srivastava, within two weeks failing which authorised controller shall be appointed in the institution to take over the management so as to comply with the orders of this Court.
(2.) Facts in short relevant for deciding the present appeal are as under:- The husband of the petitioner, namely, late Banarasi Lal Srivastava was an employee in Ram Lakhan Singh Inter College, Baijarampur, District Jaunpur. The husband is said to have expired on 8.5.1998 during service. After the death of her husband, the petitioner moved an application before the District Inspector of Schools, Janpur for compassionate appointment. She, however, stated that the institution, where her husband was an employee, was at a distance of 16 kilometers from the place of her residence and, therefore, she may be accommodated in a nearby institution. If not possible, then in that eventuality, she may be accommodated in the same institution itself where her husband was working.
(3.) Considering the application made by the petitioner for compassionate appointment, the District Inspector of Schools, Jaunpur on 8.12.1999 directed that she may be offered compassionate appointment as Assistant Clerk in Uchchatar Madhyamik Vidyalaya, Nepal Nagar, Mayee, District Jaunpur.;