ARUN TANDON, SIDDHARTHA VARMA, JJ. - (1.) Heard learned counsel for the parties.
(2.) This intra court appeal is directed against the judgment and order of the learned Single Judge dated 9.12.2011 whereby the Writ Court has held that the order cancelling the compassionate appointment offered to the petitioner, by the Deputy Director of Education vide order dated 31.12.2003 was legally not sustainable. A direction has also been issued for payment of salary to the petitioner on the strength of the compassionate appointment which was to be offered by the Institution. Not satisfied the State has filed this intra court appeal.
(3.) Facts relevant for deciding this appeal are as under: The father of the petitioner Sri Ram Asharey Mishra was working as a Principal of Sarswati Sanskrit Pathshala, Pipiganj, Gorakhpur, an institution affiliated to Sampurnanand Sanskrit University, Varanasi. It is stated that the father of the writ petitioner died during harness on 18.10.1998. The petitioner made an application on 13.10.2000 before the Committee of Management for compassionate appointment. The application was forwarded by the Committee of Management, on 23.10.2000, to the District Inspector of Schools and the matter was also referred to Sampurnanand Sanskrit University. The District Inspector of Schools, Gorakhpur approved the proposal of the Committee of Management for offering compassionate appointment to the petitioner as an Assistant Teacher. The Vice Chancellor of the University also accorded his approval vide order dated 27.6.2001. The petitioner was issued an appointment letter and was also permitted to join on 8.7.2001. However, when the salary bill of the petitioner was submitted by the Committee of Management, the same was not passed, leading to the filing of Writ Petition No. 47149 of 2003. The petition was disposed of on 21.10.2003 requiring the Deputy Director of Education (Sanskrit), U.P. Allahabad to take a decision in the matter in accordance with the provisions applicable. ;