Allahabad High Court
Dipti Kumari vs State Of U.P. on 24 January, 2024
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:11055 Court No. - 34 Case :- WRIT - A No. - 420 of 2024 Petitioner :- Dipti Kumari Respondent :- State of U.P. Counsel for Petitioner :- Ghan Shyam Maurya Hon'ble Ajit Kumar,J.
1. Heard learned counsel for the parties.
2. Petitioner before this Court is seeking compassionate appointment on account of his father dying in harness on 21.04.2021 while working as Assistant Teacher in the institution namely, St. Thomas Inter College, Shahganj, District Jaunpur and accordingly he has moved an application on a prescribed format before the District Inspector of Schools on 25.11.2023 copy whereof has been brought on record as Annexure 4 to the writ petition.
3. It is argued on behalf of the petitioner that in view of Regulation 103 of Chapter III of the Intermediate Education Act, 1921 as amended on date, the District Level Committee as per Regulation 105 is required to take decision on the claim of compassionate appointment raised by a candidate in institution including a minority institution. It is thus submitted that the petitioner's claim cannot be kept pending or withheld for no justifiable reasons and if the decision is not taken at the earliest the very purpose of giving compassionate appointment would fail.
4. Learned Standing Counsel does not have any objection to the consideration being accorded to the application of the petitioner by the District Inspector of Schools and the District Level Committee provided for under Regulation 105 of Chapter III of the Intermediate Education Act in accordance with law.
5. In view of the above, this petition stands disposed of with direction to the District Inspector of Schools to place claim of the petitioner before the District Level Committee who shall be passing final orders in any circumstances within a period of three months of production of certified copy of this order.
6. Needless to add, the fourth respondent may also be heard in the matter and the order to be passed by the District Level Committee shall be well informed one. It is further directed that in the event claim of the petitioner is found to be genuine one and she is held entitled to compassionate appointment, the same shall be offered to her within the next thirty day's time and the fourth respondent shall be cooperating in the same.
Order Date :- 24.1.2024 Deepika