The petitioner claims that his father was a Class IV employee in a Post Graduate College, Kishori Raman P.G. College, Mathura. He died in harness on 18.02.2012.
The petitioner moved an application for his appointment on compassionate ground. Upon his application, the Director Education (Higher) in a communication dated 25.09.2012 addressed to the Regional Higher Education Officer, forwarded the papers of the petitioner for his compassionate appointment and to obtain an affidavit of Smt. Kashmiri Devi wife of deceased that she is not in the employment. The Director of Education (Higher) has also sent a communication dated 02.05.2013 to the authorized controller/Principal of the same college according to his approval for appointment of the petitioner. Copy of the order of the Director of Education (Higher) dated 02.05.2013 is on record.
The Regional Higher Education Officer, Agra in compliance of the said order of the Director of Education (Higher) on 14.05.2013 has sent a communication to the District Magistrate/Authorized Controller of the institution for the appointment of the petitioner. Along with the said communication, he has also forwarded the approval accorded by the Director of Education (Higher) dated 30.04.2013.
The grievance of the petitioner is that in spite of the approval of the Director of Education (Higher) and the consequential order passed by the Regional Higher Education Officer, the Authorized Controller has not permitted the petitioner to join the post.
Heard learned counsel for the petitioner and the learned Standing Counsel.
It is a trite law that there should not be delay in the appointment on the compassionate ground if the applicant is entitled for the appointment. In the case in hand, the Director of Education (Higher), who is appropriate authority was satisfied that the petitioner is entitled for the appointment on compassionate ground and accordingly, he has accorded approval for the appointment of the petitioner.
Having regard to the facts and circumstances of the case, in my view, the end of justice would be subserved by issuing an interim mandamus upon the District Magistrate/Authorized Controller of the institution to permit the petitioner to join the post of Librarian Clerk within a period of six weeks or show cause within the same period.
List after six weeks.
Order Date :- 2.3.2016 AU