# Dinesh Chand Sharma v. D.I.O.S., Meerut & others

- **Citation:** (2001) 1 ILRA 65
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 1999-06-30
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/dinesh-chand-sharma-v-d-i-o-s-meerut-others-39630
- **Pages:** 4

## Text

1All] Dinesh Chand Sharma V. D.I.O.S., Meerut & others
65
"We are in agreement with the High
Court that in view of the provisions of
Statute 16.24 read with Section 2 (18) of
the U.P. State Universities Act, 1973, the
Principal who was in office could be reemployed till 30th June following his age
of superannuation. In this view of the
matter, the continuation of respondent no.
5 till 30th June, 1999 is in accordance with
law.
The
special
leave
petition
is
dismissed."

6. It may be pointed out that Statute
16.24 applies to Universities while the
provisions contained in Statute 17.15
applying
to
affiliated
colleges.
The
attention of the apex Court was perhaps
not invited to the relevant Statute
applicable to affiliated college. However,
statute 16.24 referred to the judgment of
the Supreme Court is in pari materia with
Statute 17.15

Accordingly, we find no merits in
this case. The writ petition is dismissed.

$33(//$7( -85,6',&7,21
$33(//$7( -85,6',&7,21
&,9,/ 6,'(
&,9,/ 6,'(
'$7(' $//$+$%$'
'$7(' $//$+$%$'
%()25(
%()25(
7+( +21·%/( *
7+( +21·%/( *3 0$7+85 -
3 0$7+85 -
7+( +21·%/( 6+,7/$ 3' 65,9$67$9$-
7+( +21·%/( 6+,7/$ 3' 65,9$67$9$-

6SHFLDO $SSHDO 1R RI

'LQHVK &KDQG 6KDUPD
«3HWLWLRQHU
$SSHOODQW
9HUVXV
'LVWULFW ,QVSHFWRU RI 6FKRROV 0HHUXW DQG
RWKHUV
«5HVSRQGHQWV

&RXQVHO IRU WKH $SSHOODQW
6KUL $VKRN .KDUH
&RXQVHO IRU WKH 5HVSRQGHQWV
6&

,QWHUPHGLDWH
(GXFDWLRQ
$FW

5HJXODWLRQV WR DV DPHQGHG
1DWXUDO
-XVWLFH
&RPSDVVLRQDWH
DSSRLQWPHQW ±1R VHFRQG DSSRLQWPHQW
RQ FRPSDVVLRQDWH JURXQG
+HOG SDUD
:H DUH RI WKH YLHZ WKDW ZKHQ WKH IDWKHU
RI WKH SHWLWLRQHU GLHG SHWLWLRQHU ZDV
OHJDOO\ HQWLWOHG WR JHW DQG DSSRLQWPHQW
RQ FRPSDVVLRQDWH JURXQG DQG KH ZDV
ULJKWO\ DSSRLQWHG DV DQ DVVLVWDQW FOHUN DV
KH
ZDV
TXDOLILHG
IRU
WKDW
SRVW
RQO\
KDYLQJ TXDOLILFDWLRQ RI LQWHUPHGLDWH RQO\
7KH ODZ RQ FRPSDVVLRQDWH JURXQG LV YHU\
FOHDU ,W LV IRU WKH SXUSRVH RI JLYLQJ
ILQDQFLDO DVVLVWDQFH WR WKH GHSHQGDQWV
DQG WKH IDPLO\ PHPEHUV RI WKH GHFHDVHG
ZKR ZDV D EUHDG HDUQHU DQG GLHG GXULQJ
WKH
FRXUVH
RI
KLV HPSOR\PHQW ,W LV
DSSDUHQW IURP WKH RUGHU SDVVHG E\ WKH
'LVWULFW
,QVSHFWRU
RI
6FKRROV
0HHUXW
GDWHG

WKDW
WKH
RIILFHU
FRQFHUQHG FRQVLGHUHG WKH UHOHYDQW UXOHV
DQG ODZ UHSRUWHG LQ 6&& SDJH
 ZKHUHLQ LW KDV EHHQ FOHDUO\ KHOG WKDW
QR SHUVRQ LV HQWLWOHG WR FODLP WKH EHQHILW
XQGHU G\LQJ LQ KDUQHVV UXOHV PRUH WKDW
RQFH
7KHUHIRUH LW FDQQRW EH VDLG WKDW
WKH SHWLWLRQHU ZDV HQWLWOHG WR FODLP WKH
EHQHILW XQGHU G\LQJ LQ KDUQHVV UXOHV
PRUH WKDQ RQFH 7KHUHIRUH LW FDQQRW EH
VDLG WKDW WKH SHWLWLRQHU ZDV HQWLWOHG WR
JHW EHQHILW RI G\LQJ LQ KDUQHVV UXOHV IRU
VHFRQG WLPH ZKHQ KH EHFDPH TXDOLILHG
IRU WKH SRVW RI DVVLVWDQW WHDFKHU :H DUH
RI
WKH
YLHZ
WKDW
WKH
FDVH
RI
WKH
SHWLWLRQHU LV IXOO\ FRYHUHG E\ WKH GHFLVLRQ
TXRWHG DERYH DQG WKH MXGJHPHQW RI WKH
OHDUQHG 6LQJOH -XGJH GRHV QRW UHTXLUH
DQ\ LQWHUIHUHQFH LQ VSHFLDO DSSHDO
&DVHV UHIHUUHG

By the Court

1. This special appeal has been filed
by the appellant (petitioner) against the
66 INDIAN LAW REPORTS ALLAHABAD SERIES [2001
judgement and order dated 18.5.1998
passed
by
learned
Single
Judge
dismissing the writ petition of the
appellant.

2. The brief facts giving rise to the
writ petition has been mentioned in the
affidavit filed by one Mahesh Chandra
Sharma. Who is brother of the appellant.
Along with affidavit documents beginning
from the date of the appointment of the
appellant till the cancellation of his
appointment as assistant teacher in Ashok
Higher
Secondary
School
Sarawan,
District Meerut have been filed. It is
stated in the affidavit that petitioners
father Mam Chandra Sharma was serving
as permanent lecturer in Chemistry in
Janta Inter College Saroorpur, district
Meerut He died on 26.11.1987 while he
was in service. The petitioner applied for
appointment on compassionate ground.
He was appointed as assistant clerk by the
Committee
of
Management
of
the
institution on 24.9.1992 and he joined his
service as assistant clerk in the institution.
At that time the petitioner had passed only
intermediate
examination
and
subsequently
he
passed
his
B.A.
examination in the year 1993 and B. Ed.
examination in the year 1994.

3.

After
appointment
of
the
petitioner as assistant clerk a dispute arose
regarding the post on which the petitioner
was appointed, as one Rohtas Singh and
Satyavir Singh were also appointed on the
said post . The challenged the order of
appointment of the petitioner by filing
writ petitions before this Court. The
District Inspector of Schools by orders
dated 15.9.1994 and 4.3.1995 declared the
petitioner to be surplus. The order of
confirmation of the appointment of the
petitioner to the post of assistant clerk
was cancelled by the Manger of the
institution vide order dated 16.1.1995. It
appears that when the petitioner became
qualified for the post of assistant teacher
he submitted as application on 2.2.1995
that he should be appointed as an assistant
teacher on the post which had fallen
vacant in L.T. grade. This application was
filed on the basis of certain amendments
made
in
Regulations
101
to
107
introduced
in
Chapter
III
of
the
Regulations
framed
under
the
U.P.
Intermediate education Act by means of
notification
dated
30.7.1992.
The
application
of
the
petitioner
was
forwarded by the Manager of Janta Inter
College where the father of the petitioner
has served before his retirement as a
teacher as well as by the Manager of
Kisan Inter College. Meerut. When no
action was taken by the District Inspector
of Schools on the representation of the
petitioner he preferred Civil Misc. Writ
Petition No. 18292 of 1995 in which this
Court directed the District Inspector of
Schools to decide the representation of the
petitioner. On 18.7.1995 petitioner made a
fresh
representation.
The
District
Inspector of Schools on 30.1.1997 passed
an order that the petitioner shall be
appointed as an assistant teacher in Nav
Bharat
Vidya
Peeth
Inter
College.
Partapur. District Meerut. It appears that
on 14.6.1997 the Manager, Committee of
Management of Ashok Higher Secondary
School, Saranwa, district Meerut made a
request to the District Inspector of
Schools that the petitioner be accorded
replacement in his institution on the
vacancy which was going to occur due to
the retirement of Sri Richha Pal Singh on
30.6.1997. the District Inspector of
Schools on 30.6.1997 passed an order
directing the replacement of the petitioner
at Ashok Higher Secondary School
1All] Dinesh Chand Sharma V. D.I.O.S., Meerut & others
67
Saranwa. District Meerut as assistant
teacher.
The
petitioner
joined
on
1.7.1997. But subsequently on the salary
bill of August 1997 an endorsement was
made on 22.8.1997. by the District
Inspector of Schools that the bill should
not be passed. The petitioner filed Civil
Misc. Writ Petition No. 29649 of
1997.This Court on 12.9.1997 passed an
order that as the petitioner started
discharging his duty in compliance of the
order dated 30.6.1997 passed by the
District Inspector of Schools. Meerut the
respondents are directed to pay salary to
the petitioner month in accordance with
law. But this order will not prevent the
respondents from making any enquiry or
taking any action in terms of the decision,
in such an enquiry in respect of the
petitioners appointment. It appears that
the District Inspector of Schools on
24.4.1998 passed an order and cancelled
the order dated 30.6.1997 by which the
petitioner was appointed as assistant
teacher. The petitioner has challenged this
order by means of Civil Misc. Writ
Petition No. 16614 of 1998, which was
dismissed on 18.5.1998 by the learned
Single Judge against which this special
appeal has filed.

4. Learned Single Judge held that
the petitioner was appointed as assistant
clerk
on
compassionate
ground
on
24.9.1992 and on that date he was simply
an intermediate and now he cannot be
given again benefit on compassionate
ground for appointment on the post of
assistant teacher simply because he had
passed B.A. and B. Ed. examination
during the period of his service. Learned
Single Judge has observed that in State of
Rajasthan Versus Umrao Singh 1994 (6)
SCC, Page 657, it has been held that once
the appointment has been made on
compassionate ground the claimant is not
entitled to get another appointment on
different post simply because he is
qualified for other post subsequently.

5. We have heard learned counsel
for the parties at length Learned counsel
for the petitioner has vehemently urged
that
learned
Single
Judge
has
not
appreciated the point that on account of
the order passed by the District Inspector
of Schools in favour of Rohtas Singh and
Satyavir Singh the appellant continued as
assistant
clerk
only
against
a
supernumerary post of assistant clerk and
while he was working on the aforesaid
post notification dated 2.2.1995. came
into
existence
and
creation
of
supernumerary post of assistant clerk was
prohibited and a provision was made for
making appointment on compassionate
ground also on the post of assistant
teacher in L.T. grade to the dependent of
the person dying in harness after 1.1.1981
and as the father of the petitioner died in
the year 1987 the petitioner was qualified
to be appointed as assistant teacher on the
post which fell vacant and when the
petitioner was actually appointed vide
order dated 30.6.1997as assistant teacher
a right accrued to him and that right could
not be snatched from the petitioner by the
order dated 24.4.1998 without giving any
opportunity of hearing to the petitioner.
His further contention is that apart from
violation of rules of natural justice
discrimination has also been made as
other persons similarly placed were given
benefit, therefore, the order is violative
under Article 14 of the Constitution of
India. His further submission is that the
case of the petitioner was covered by
amended Regulations 101 to 107 as
introduced
under
Chapter
III
of
Regulations
framed
under
the
68 INDIAN LAW REPORTS ALLAHABAD SERIES [2001
Intermediate Education Act by means of
notification dated 30.7.1992. His further
submission is that the appointment on
compassionate ground has to be made
against a substantive vacancy in a
permanent capacity and as the petitioner
was working as temporary appointee
against
the
supernumerary
post
of
assistant clerk, in view of Regulation 101
to 107 he was to be adjusted against the
substantive vacancy as soon as the
vacancy comes into existence which was
rightly done on 30.6.1997.

6. After hearing learned counsel for
the petitioner at length and going through
the entire documents filed along with the
affidavit we are of the view that when the
father of the petitioner died, petitioner
was legally entitled to get an appointment
on compassionate ground and he was
rightly appointed as an assistant clerk as
he was qualified for that post only having
qualification of intermediate only. The
law on compassionate ground is very
clear. It is for the purpose of giving
financial assistance to the dependants and
the family members of the deceased who
was a bread earner and died during the
course of his employment. It is apparent
from the order passed by the District
Inspector
of Schools, Meerut dated
24.4.1998 that the officer concerned
considered the relevant rules and law
reported in 1994 (6) SCC, page 657
wherein it has been clearly held that no
person is entitled to claim the benefit
under dying in harness rules more than
once. Therefore, it cannot be said that the
petitioner was entitled to get benefit of
dying in harness rules for second time
when he became qualified for the post of
assistant teacher. We are of the view that
the case of the petitioner is fully covered
by the decision quoted above and the
judgement of the learned Single Judge
does not require any interference in
special appeal.

The special appeal is accordingly
dismissed.

25,*,1$/ -85,6',&7,21
25,*,1$/ -85,6',&7,21
&,9,/ 6,'(
&,9,/ 6,'(
'$7(' $//$+$%$'
'$7(' $//$+$%$'
%()25(
%()25(
7+( +21·%/( 6+<0$/ .80$5 6(1 &-
7+( +21·%/( 6+<0$/ .80$5 6(1 &-
7+( +21·%/( *3 0$7+85 -
7+( +21·%/( *3 0$7+85 -

&LYLO 0LVF ZULW 3HWLWLRQ 1R RI

0XGL
«3HWLWLRQHU
9HUVXV
6WDWH
(OHFWLRQ
&RPPLVVLRQ
83
/XFNQRZ DQG RWKHUV
«5HVSRQGHQWV

&RXQVHO IRU WKH 3HWLWLRQHU
6KUL $PLW .ULVKDQ
6KUL 5DYL .DQW
&RXQVHO IRU WKH 5HVSRQGHQWV
6&
6KUL %' 0DQGK\DQ

83 3XQFKD\DW 5DM $FW ± 6HFWLRQ
UHDGZLWK 83 3XQFKD\DW 5DM (OHFWRUV
5HJLVWUDWLRQ 5XOHV 5XOH ILQDLW\
RI YRWHU OLVWZKHWKHU LW FDQ EH DOWHUHG
DIWHU SXEOLFDWLRQ KHOG LW LV WR EH WUHDWHG
VDFURVDQFW FDQ QRW EH FKDOOHQJHG HLWKHU
LQ ZULW SHWLWLRQ RU E\ HOHFWLRQ SHWLWLRQ
XQGHU 6HFWLRQ F RI WKH $FW
+HOG
:H DUH WKHUHIRUH FOHDUO\ RI WKH RSLQLRQ
WKDW
DIWHU
WKH
SXEOLFDWLRQ
RI
ILQDO
HOHFWRUDO UROO DQG FRPPHQFHPHQW RI WKH
HOHFWLRQ
SURFHVV
QR
FKDOOHQJH
WR
LWV
FRUUHFWQHVV FDQ EH HQWHUWDLQHG E\ PHDQV
RI D ZULW SHWLWLRQ XQGHU $UWLFOH RI WKH
FRQVWLWXWLRQ
7KH
HOHFWRUDO
UROO
LV
VDFURVDQFW DQG LWV FRUUHFWQHVV FDQQRW EH
FKDOOHQJHG LQ DQ HOHFWLRQ SHWLWLRQ ILOHG