Court No. - 58
Case :- WRIT - A No. - 10821 of 2018 Petitioner :- C/M Inter College Ranipur Through Its Manager And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajnish Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner Committee of Management of Inter College, Ranipur, Jaunpur, is aggrieved by an order passed by the District Inspector of Schools dated 21.3.2018, whereby a direction has been issued to it to offer appointment to respondent no.4 in the dying in harness category as class IV employee.
The order impugned is assailed on the ground that authorities have presumed existence of 7 class IV posts and since only 6 persons were working, therefore, the remaining vacancy has been directed to be filled with appointment of respondent no.4.
Learned counsel for the petitioner submits that strength of teachers and employees has been determined by the State pursuant to order passed by this Court in Dhruv Narain Singh and others v. State of U.P. and others, Writ Petition No. 26307 of 2010. Under an order of the District Inspector of Schools, Jaunpur, only 5 posts of class IV employee are found to be in existence. Submission is that in such circumstances, the Inspector has erred in presuming existence of 7 posts and consequently directed the petitioner to offer appointment to respondent no.4 in the institution.
Learned Standing Counsel submits that grievance of the petitioner shall be examined in accordance with law.
Considering the nature of order proposed to be passed, notices need not be issued to respondent no.4 and the writ petition is being disposed of, at this stage itself.
Admittedly, order of the Inspector proceeds on the premise that there are 7 posts of class IV employee in the institution. This observation is apparently inconsistent with the order passed by the District Inspector of Schools dated 6.1.2018, whereby posts of class IV employee has been shown as 5. In case there are only 5 sanctioned post, then the Inspector would not be justified in directing the petitioner to offer appointment to respondent no.4 in the institution. This aspect of the matter has completely been omitted from consideration.
Writ petition is accordingly disposed of permitting petitioner to approach respondent no.2, alongwith certified copy of this order, within a period of two weeks from today. D.I.O.S. shall examine as to what exactly is the sanctioned strength of class IV employee in the institution and in case it is found that 7 posts of class IV employee are not sanctioned in the institution, he shall proceed to pass a fresh order, after affording opportunity of hearing to respondent no.4, within a period of six weeks, thereafter. The order under challenge in the present petition shall abide by the fresh order to be passed by the Inspector, as indicated above.
Order Date :- 30.4.2018 Ashok Kr.