- (1.) ALOKE Chakrabarti, J. The father of the petitioner, Principal of National Inter mediate College, Bharwari, District Al lahabad, died on 30-4-1987 while in service. The petitioner, who is a dependent of the deceased-father applied for appoint ment on compassionate ground and was appointed as clerk in the College under the Dying in Harness Rules on 2-5-1988 and since then is working on the said post in the College and the Rules were amended by Notification dated 2-2-1995 providing that the dependent of an employee dying in harness can be ap pointed as Assistant Teacher. Having eligibility and qualification, the petitioner submitted application on 24-4-1995 for appointment on the post of Assistant Teacher in L. T. grade to the District In spector of Schools, Allahabad. The com mittee of management of the institution passed resolution and recommended ap pointment of the petitioner on the post of Assistant Teacher in L. T. grade and the same was sent to the District Inspector of Schools for approval. After repeated reminders the District Inspector of Schools passed order dated 7-1-1997 refusing approval of petitioner's appoint ment and his case was rejected, a copy whereof has been annexed as Annexure No. 8 to the writ petition. Challenging the said order this writ petition was filed.
(2.) AS only a question of law has been raised as to whether the Government Order dated 2-2-1995 extends a right to the petitioner to be appointed as ASsistant Teacher in L. T. Grade. Learned Addl. Chief Standing Counsel for respondent Nos. 1 to 4 agreed to final disposal of the writ petition without tiling a counter-af fidavit. AS the committee of management of the institution, the respondent No. 5 has already passed resolution in favour of the petitioner does not seek relief against the said respondent. Therefore, the par ties agreed to final disposal at this stage. Regulations 101 to 107 were intro duced in the Regulation framed under the U. P. Intermediate Education Act, 1921 by Notification dated 30-7-1992. Regulation 102 of the aforesaid Regulation provided for compassionate appointment in respect of non-teaching posts in case any member of teaching or non-teaching staff of recog nised aided institution died in harness and dependent candidate for such compassionate appointment was 18 years of age or more and was having requisite educational qualification and otherwise fit for such appointment. By afore said notification dated 2-2-1995 (Annexure No. 1 to the writ peti tion) the aforesaid Regulation 103 was amended. The relevant portion of such amendment provided for appointment in the post of Assistant Teacher in L. T. grade or in the post of Lecturer or in the post of non-teaching post depending on the educational and training qualification of the dependent of the deceased. As regards the afore said amendment, there is no dis pute between the parties herein.
(3.) DISPUTE has been raised in respect of the right of the petitioner as to whether in the writ petition on the basis of provisions contained in the note ap pended to the said Regulation 103 which provided that the said Regulation would be applicable in respect of those employees whose death occurred on or after 1-1-1981. Learned Counsel for the petitioner relied on the aforesaid Note to Regulation 103 and contended that the same per mitted appointment of the petitioner in the post of Assistant Teacher in L. T. Grade as the petitioner is having due qualifica tion for such post and the death of petitioner's father took place after 1-1-1981.;