Allahabad High Court
Chandra Prakash Mishra vs State Of U.P. And 4 Others on 25 March, 2019
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 18
Case :- WRIT - A No. - 19242 of 2018
Petitioner :- Chandra Prakash Mishra
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Bal Mukund Singh,Anand Pratap Singh
Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Prakash Padia,J.
On 05.3.2019 following order was passed by this Court :-
"The petitioner has preferred the present writ petition for consideration of his case for appointment on compassionate ground.
On 11.9.2018 following order was passed by this Court:-
"Notice on behalf of respondent Nos. 1 and 2 has been accepted by the office of the Chief Standing Counsel. Sri Ashok Kumar Yadav has accepted notice on behalf of respondent Nos.3 and 4. Issue notice to respondent No.5 returnable at an early date. Steps may be taken within three days. The respondents may file counter affidavit in two weeks. Rejoinder affidavit, if any, may be filed within one week thereafter.
List thereafter.
Sri Ashok Kumar Yadav, learned counsel representing respondent Nos. 3 and 4 submits that the Basic Shiksha Adhikari may take a stringent action against the Committee of Management as the Committee of Management has not forwarded the papers for appointment of the petitioner under dying-in-harness Rules despite specific orders."
Learned counsel for the petitioner contended that mother of the petitioner namely Smt. Geeta Devi was class IV employee in "Mahavir Prasad Balika Purva Madhyamik Vidyalaya, Khuldabad, District Allahabad. She was appointed on the aforesaid post in the year 1989 and died during the course of service on 3.5.2016. After the death of the mother, the petitioner submitted relevant papers before the authorities for his appointment on compassionate ground. In this regard, petitioner also relied upon a letter dated 15.09.2017 written by the District Basic Education Officer, Allahabad, to the Manager of the College in question asking for papers and documents submitted by the petitioner along-with the service record of the deceased for consideration of the case of the petitioner for his appointment on compassionate appointment. Learned counsel for the petitioner relied upon a communicated dated 17.10.2017 between Assistant Director of Education (Basic) and District Basic Education Officer, Allahabad. Vide letter dated 9.11.2017 again the District Basic Education Officer, Allahabad, directed the Manager/Principal of the institution in question to provide necessary documents of the petitioner. It is further contended that time and again letters were written by the authorities to the Manager/Principal of the institution but till date no action has been taken.
Vide order dated 11.9.2018 learned Chief Standing Counsel as well as Sri A. K. Yadav, learned counsel, were granted two weeks time to file counter affidavit but till date no counter affidavit has been filed.
It is contended by Sri A. K. Yadav, learned counsel for the respondents that inspite of the fact that letters were written by the office of the District Basic Education Officer, Allahabad, to the Manager/Principal of the college in question relevant papers and documents were not provided by them.
The matter is very serious. The petitioner approached this Court for appointment on compassionate ground.
In the circumstances, the District Basic Education Officer, Allahabad, is directed to take action against the respondent no.5/Committee of Management, Mahavir Prasad Balika Purva Madhyamik Vidyalaya, Khuldabad, District Allahabad as well as Principal of the institution in question for not complying the directions issued from the office of District Basic Education Officer, Allahabad, from time to time. The action taken in this regard be communicated to this Court by the next date fixed in the matter.
Put up on 14.3.2019 in the additional cause list."
Today when the matter was taken up it is contended by Sri A. K. Yadav, learned counsel for the respondent- District Basic Education Officer, Allahabad that there is no such provision in the Act giving powers to the District Basic Education Officer to initiate any kind of disciplinary proceedings against the Manager of aided institution.
From perusal of the facts as stated in the writ petition it appears that inspite of the orders passed by the District Basic Education Officer from time to time the Manager of the institution in question is not complying the same.
In the circumstances, Sandip Kumar Jaiswal S/o Arun Kumar Jaiswal, Manager, Mahavir Prasad Balika Purva Madhyamik Vidyalaya, Khuldabad, District Allahabad is directed to appear before this Court on 08.4.2019.
Put up on 8.4.2019 in the additional cause list. Learned counsel for the petitioner is directed to supply copy of this order upon respondent no.5 within three days. Apart from the same, Mr. A. K. Yadav, learned counsel, appearing on behalf of District Basic Education Officer is also requested to provide of this order to respondent no.5.
Order Date :- 25.3.2019
Pramod Tripathi
