Court No. - 34
Case :- WRIT - A No. - 48785 of 2002 Petitioner :- Committee of Management, Ismail Girls National Inter College & Another Respondent :- State Of U.P. & Others Counsel for Petitioner :- R.M.Saggi,S.P. Singh Counsel for Respondent :- C.S.C.,Pradeep Singh Sisodia
Hon'ble Sudhir Agarwal,J.
1. Heard Sri S.P. Singh, learned counsel for petitioner and learned Standing Counsel for respondents no. 1 to 3. None appeared on behalf of respondent no. 4 though the case is called in revised.
2. This writ petition has been filed by Committee of Management, Ismail Girls National Inter College, Shastri Nagar, Meerut (hereinafter referred to as “College”) challenging order dated 01.06.2002 whereby respondent no. 4, Pradeep Kumar, has been appointed on compassionate basis on a Class-III post in Collage.
3. It is contended that there are only three class-III posts in Collage. One Head Clerk and two Assistant Clerk and, therefore, as per regulations only one post of Assistant Clerk could have been filled in by direct recruitment and one could have been filled in by promotion. One post was already filled in by direct recruitment and, therefore, another post available was to be filled in by promotion and not by direct recruitment.
4. The factum that there are only three posts and out of two posts of Assistant Clerk only one could have been filled in by direct recruitment is not disputed in para 5 of counter affidavit filed by respondents. In view thereof impugned order passed by District Inspector of Schools appointing respondent no. 4 on compassionate basis cannot be sustained since a compassionate appointment could have been made only against a vacancy available for direct recruitment.
5. In the result, writ petition is allowed. Impugned orders dated 01.06.2002, 20.06.2002, 27.06.2002, 18.07.2002, 08.08.2002, 17.09.2002 and 30.10.2002 are hereby set aside.
Order Date :- 24.8.2018 AK