- (1.) WE have heard the learned counsel for the petitioner and the learned Chief Standing Counsel. The case discloses an unfortunate story. The petitioner's father died in harness while employed as Village Development Officer under the Addl. District Magistrate (Development) Azamgarh. The petitioner admittedly became entitled to be absorbed in the Department in which his father was employed consistently with the qualifications possessed by him.
(2.) IT is a pity that though the petitioner's father died on 11-2-1987, till date the District Magistrate has not been able to absorb the petitioner in the said Department. The petitioner has, therefore, had to approach the Commissioner, Rural Development, U. P. Lucknow. Appropriate directions were thereupon issued by the Commissioner (Rural Development) to the District Magistrate for offering suitable employment to the petitioner. True copies of the directions have been annexed to the petition as Annexure 2, 3 and 4. The last of such directions was issued on 8-7-1988. Unfortunately, inspite of these directions neither the District Magistrate nor the Addl. District Magistrate Development Azamgarh has been able to accommodate the petitioner. The concerned statute providing for absorption of the dependants of a Government servant who dies in harness is a beneficial piece of social legislation designed to mitigate the hardship resulting from death of Government employees while still in service. Such a social measure should not be permitted to be thwarted by technicalities or red-tape. In our opinion, it should not have been necessary for the petitioner to approach this court under Article 226 of the Constitution. The District Magistrate, Azamgarh himself should have ensured that the petitioner gets a suitable employment in the Department concerned.
(3.) WE accordingly direct the District Magistrate, Azamgarh to comply with the directions of the Commissioner referred to above and to provide suitable employment to the petitioner consistently with his qualifications within two months of the date on which a certified copy of this order is filed before him. With these directions the petition is disposed of finally. A copy of this order may be given to the learned counsel for the petitioner on payment of requisite charges by WEdnesday next.;