MANISH MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner seeks writ of mandamus commanding the respondents to create supernumerary Class III post for his appointment on compassionate ground.

(2.) The facts, in brief, are that the father of the petitioner Late Uttam Kumar Mishra was working as a Lecturer in Commerce in Puwayan Inter College, Puwayan, district Shahjahanpur. He died in-harneas on 28.11.1995. The petitioner applied for appointment on compassionate ground stating therein that he has passed Intermediate examination and also completed his B.A. Part 1 examination. The Manager of the institution is alleged to have issued appointment letter on 15.9.1997 appointing him as Class III employee in the institution. The papers were forwarded to the District Inspector of Schools, Shahjahanpur, respondent No. 4, He sent a letter dated 19.9.1997 to the Manager of the institution intimating him that the Government, by its order dated 16.8.1996, had directed to create supernumerary Class IV post and not Class III post and, therefore, the appointment, if made, to Class III post may be withdrawn. The Government Order dated 16.8.1996 (Annexure-13 to the writ petition) provides that if Class III posts are not available, supernumerary post be created for Class IV post but not for Class III post.

(3.) The core question is whether mandamus can be issued commanding the respondents to create supernumerary Class III post. The appointment on compassionate ground is made to enable the family to tide over the sudden crisis on the death of the deceased employee who was a bread earner in the family. If the post is not available a supernumerary post is to be created. In Smt. Sushma Gosain and others v. Union of India and others. AIR 1989 SC 1976, wherein the widow of the deceased employee made application for appointment on the death of her husband in the year 1982 but she was not given appointment for many years, the Court directed that if there is no suitable post for appointment, supernumerary pus! be created to accommodate the applicant with the following observation : "We consider that it must be stated unequivocally that in all claims for appointment on compassionate grounds, there should not be any delay in appointment. The purpose of providing appointment on compassionate ground is to mitigate the hardship due to death of the bread earner in the family. Such appointment should, therefore, be provided immediately to redeem the family in distress. 11 is improper to keep such case pending for years. If there is no suitable post for appointment supernumerary post should be created to accommodate the applicant,"