SALIL KUMAR RAI, J. - (1.) Heard Shri Prabhakar Awasthi, learned counsel for petitioner, Shri V.B. Mishra, learned counsel representing respondent No. 4 and learned Standing Counsel representing respondent Nos. 1 and 2.
(2.) Shri Shyamacharan, father of the petitioner was a Lecturer in Gurukul Mahavidyalaya, Rudrapur, Telhar, District-Shahjahanpur (hereinafter referred to as, 'College'), which is affiliated to Sampurnanand Sanskrit Vishwavidyalaya, Varanasi (hereinafter referred to as, 'University'). Shri Shyamacharan died on 19.5.2012 while still in service. The petitioner completed his M.A. (English) in the year 2014. After completing his M.A. (English), petitioner filed an application before respondent No. 3 i.e. Committee of Management of the College for appointment as Assistant Teacher in the College in place of his father under the Dying-in-Harness Rule provided in the Statutes of the University. The aforesaid application submitted by the petitioner was dismissed by respondent No. 3 vide its order dated 16.3.2015 on the ground that by virtue of Statutes 21.06 (3) of the Statutes, the petitioner was not entitled for appointment on any teaching job in the College on compassionate grounds. It appears from the record that Director of Education (Secondary), U.P., Allahabad vide his letter dated 15.4.2015 directed the respondent No. 2 i.e. District Inspector of Schools, Shahjahanpur (hereinafter referred to as, 'D.I.O.S.') to consider the case of the petitioner for appointment as prayed by him. When no action was taken by respondent No. 2, the petitioner filed a Writ Petition (Writ A No. 25054 of 2015) in this Court, in which this Court vide order dated 1.5.2015 directed the respondent No. 2 to consider and decide the representation of the petitioner within six weeks from the date of filing a certified copy of the said order.
(3.) A perusal of the order dated 1.5.2015 passed by this Court, which is annexed as Annexure No. 6 to the writ petition, shows that the Court has not referred to the order dated 16.3.2015 passed by respondent no. 3. However, respondent No. 2 vide his order dated 8.7.2015 also rejected the claim of the petitioner for appointment as Assistant Teacher in the College on the ground that the petitioner could not be appointed on a teaching job in the College on compassionate grounds in view of the prohibition contained in Statutes 21.06 (3) of the Statute of the University. It appears that the order dated 8.7.2015 was never challenged by the petitioner as no averment regarding challenge to the aforesaid order has been made in the writ petition. Subsequently, a Government Order dated 18.9.2017 was issued adopting the U.P. Recruitment of dependants of Government Servants Dying-in-Harness Rules, 1974 (hereinafter referred to as, Rules, 1974') for the dependants of employees of Government aided Sanskrit Institutions affiliated to the University and recognized by the Uttar Pradesh Madhyamik Sanskrit Shiksha Parishad. It has been stated by counsel for the petitioner that by virtue of the aforesaid Government Order dated 18.9.2017, petitioner became entitled to be considered for appointment as Assistant Teacher in the College as under the Rules, 1974, the dependant of a deceased employee is entitled to a suitable employment according to his educational qualifications. Under the aforesaid impression of law, the petitioner again on 28.9.2017, applied for appointment as Assistant Teacher in the College. However, the aforesaid application submitted by the petitioner has also been dismissed by the D.I.O.S. vide his order dated 24.11.2017 on the ground that the application dated 28.9.2017 submitted by the petitioner was time barred as the time difference between the death of the father of the petitioner and the second application filed by him was more than five years and under the Rules, 1974, the petitioner had to submit his application within five years from the date of death of his father. The order dated 24.11.2017 passed by respondent No. 2 has been challenged in the present writ petition.;