R.M. Sahai, S.K. Mookerji, J. - (1.) By this petition, the petitioner who is graduate, and whose father was Assistant Teacher in Sri Agrasen Mahajani Intermediate College, Chaukhamba, district Varanasi, who died in harness, seeks a direction to opposite-parties to appoint him either as a Lab. Assistant or as a clerk in the aforesaid institution or any other recognised institution.
(2.) When the petition was presented on 18th September, 1986, learned Standing Counsel was directed to obtain instructions as to why the terms of the Standing Government Orders were not given effect to. On 2nd February, 1987 learned Standing Counsel was granted another time to file counter-affidavit. Despite, grant of time in September, 1986 and February, 1987, no counter-affidavit has been filed. It is therefore, to be assumed that the opposite-parties, that is District Inspector of Schools and the Committee of Management, have not to say anything in the matter. From the uncontroverted allegation in the writ petition, it is clear that the petitioner's father died in 1984. The petitioner made various applications and, ultimately, he filed an application on 29th March, 1986 before the Deputy Director of Education, Varanasi for giving employment in place of his father. On this application an order and passed on 3rd March, 1987 directing the District Inspector of Schools to make arrangement for appointment of the petitioner in view of the Government Order, a copy of which has already been filed as Annexure-'3' to the writ petition which clearly provides for giving employment to the dependents of a teacher who dies in harness. The aforesaid Order further provides that in case there is no vacancy available in the same college, then the employment may be given some other college. In view of the Government Order and the order of the Deputy Director of Education and the failure of the District Inspector of Schools to file any counter-affidavit, there is no option but to issue a direction to the District Inspector of Schools, Varanasi to pass an order appointing the petitioner either in Sri Agrasen Mahajani Intermediate College, Chaukhamba, Varanasi or any other institution in Varanasi where the petitioner can be appointed on the post for which he is qualified. The appointment shall be given within a period of three weeks from the date certified copy of this order is produced before him.
(3.) With these directions, this petition is disposed of. Petition allowed.;