The vacant post of Clerk at the institution was filled up by promotion of the petitioner who was working as Daftari vide Resolution dated 29.03.2010. Thereafter, vide order dated 2nd June 2010 passed by the District Inspector of Schools, Respondent No. 5 has been recommended for appointment on compassionate ground on the said post.
The submission of the learned counsel for the petitioner is that once the post has been filled up and there is no other vacant post, the District Inspector of Schools is not authorised to recommend any name for appointment on compassionate ground.
Learned Standing Counsel prays for and is allowed three weeks' time for filing counter affidavit. One week, thereafter, is allowed to the petitioner for filing rejoinder affidavit. List thereafter.
Till the next date of listing, working of the petitioner as Clerk at the institution shall not be disturbed and he shall continue to get his pay and allowances as he was getting prior to the passing of the impugned order.
Order Date :- 22.6.2010 vinay