# Kulbhaskar Ashram v. State of U.P. & Ors

- **Citation:** (2023) 8 ILRA 1429
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-05-19
- **Case number:** Writ-A No. 6057 of 2023
- **Bench:** Ajit Kumar
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/kulbhaskar-ashram-v-state-of-u-p-ors-50544
- **Pages:** 5

## Headnote

A. Service Law - Appointment - Post of
Animal Catcher in the laboratory of
Zoology - Nature of post - Technical or
non-technical post - Appointment to be
made through outsourcing - Permissibility
- GO dated 06.02.2011 require that all
Class-IV posts will be filled up through
outsourcing
except
technical
post
-
Applicability - Held, a post of Animal
Catcher is necessarily required to be a
technical post as person must possess
with the technical hand to catch animal
safely for the purposes of research - It
cannot be taken to be a general Class-IV
post - The institution is entitled to make
regular appointment against sanctioned
post of Animal Catcher in the laboratory of
Zoology of the institution. (Para 2, 10, 18
and 19)
Writ petition allowed. (E-1)

## Text

8 All. Kulbhaskar Ashram Vs. State of U.P. & Ors.
1429
(person directed) examines the matter on
merits, being under the impression that
failure
to
do
so
may
amount
to
disobedience. When an order is passed
considering and rejecting the claim or
representation,
in
compliance
with
direction of the court or tribunal, such an
order does not revive the stale claim, nor
amount
to
some
kind
of
"acknowledgement
of
a
jural
relationship" to give rise to a fresh cause
of action."

23.

From
careful
perusal
of
judgements of Hon'ble Apex Court as
referred to above, it clearly emerges that
merely because representations have been
submitted by an employee which came to
be decided, the decision would not entail
revival of stale claim. Even otherwise, in
the instant case, the petitioner, as per his
own accord, has filed a review which was
not itself maintainable as per the service
rules in the year 2008 and it is only when
the authorities informed him in the year
2023 that the review is not maintainable as
per service rules that the petitioner has
challenged all the orders including the
punishment order of the year 2007 and the
appellate order of the year 2008. Thus
merely because the authorities informed
about the non maintainability of the review
through an order dated 18.04.2023 the
same would not entail revival of a stale
claim as in the instant writ petition.

24. Considering the aforesaid, the
preliminary objection as raised by Shri
Gaurav Mehrotra, learned counsel for the
respondents is upheld and the writ petition
is dismissed on the ground of laches.
----------
(2023) 8 ILRA 1429
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 19.05.2023
BEFORE

THE HON'BLE AJIT KUMAR, J.

Writ-A No. 6057 of 2023

Kulbhaskar Ashram ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Sri Chandan Sharma, Sri Ravi Kumar Bhatia

Counsel for the Respondents:
C.S.C., Sri Pratik Chandra

A. Service Law - Appointment - Post of
Animal Catcher in the laboratory of
Zoology - Nature of post - Technical or
non-technical post - Appointment to be
made through outsourcing - Permissibility
- GO dated 06.02.2011 require that all
Class-IV posts will be filled up through
outsourcing
except
technical
post
-
Applicability - Held, a post of Animal
Catcher is necessarily required to be a
technical post as person must possess
with the technical hand to catch animal
safely for the purposes of research - It
cannot be taken to be a general Class-IV
post - The institution is entitled to make
regular appointment against sanctioned
post of Animal Catcher in the laboratory of
Zoology of the institution. (Para 2, 10, 18
and 19)
Writ petition allowed. (E-1)
(Delivered by Hon'ble Ajit Kumar, J.)

1. Heard Shri Chandan Sharma,
learned counsel for the petitioner, learned
Standing Counsel for the State-respondents
and Shri Kavish Suhail, learned Advocate,
holding brief of Shri Pratik Chandra,
learned counsel for the State-University.

2. Petitioner before this Court is a
Postgraduate, aided and recognized degree
college affiliated to Prof.Rajendra Singh
1430 INDIAN LAW REPORTS ALLAHABAD SERIES
(Rajju Bhaiya) University, Prayagraj. It so
happen that on account of retirement of a
Group-D employee, the post of Animal
Catcher (Group-D Technical) fell vacant in
the department of Zoology. Since the
permission was required from the Director
of Higher Education to fill up the post in
question, the petitioner applied, but the
Director
of
Higher
Education,
UP,
Prayagraj, vide his order dated 1st March,
2023, refused to grant permission on the
ground that the post in question is of ClassIV category, therefore, in the light of the
Government Order dated 6th February,
2011, all Class-IV posts will be filled up
through outsourcing except technical post.

3. The aforesaid order has been
challenged before this Court in this petition
on the ground that view expressed by the
authority concerned is not sustainable in
law because the post of Animal Catcher in
the Zoology Department is a technical post
and not a regular Group-D post. In this
connection, petitioner has relied upon the
Government Order dated 14th March,
1984, which determines norms for creation
of post.

4. According to the learned counsel
for the petitioner, the post created in
laboratory in the faculty of Science is to be
taken as technical post and not an ordinary
Class-IV
post.
According
to
him,
laboratory itself is indicative of a place,
which
is
reserved
for
scientific
or
technological research, experiments, etc.
and though all those hands they work in
laboratory to facilitate the work of
experiments and research would be taken to
be technical hands only.

5. He submits that the norms that have
been created in the Government Order
dated 14th March, 1984, provide for
different
categories
of
employees
in
different departments like general category
for the college and then for library and
lastly for laboratory. Thus, the argument is
that the Animal Catcher is liable to be
taken as technical post in the department of
Zoology that runs a laboratory.

6. Per contra, it is argued by learned
Standing Counsel that Animal Catcher has
nowhere been defined as a technical post
and unless and until specific qualifications
are given qua particular category of posts,
Class-IV post shall be taken to be general
in nature and not technical. Yet another
argument has been advanced by learned
Standing Counsel that Court cannot put in
something, which is not there to hold that a
particular post would be a technical post. It
is argued that Court is not a technical
expert of the subject and unless and until
the post is defined by the State Government
to be a technical, it would not be
appropriate to treat it technical.

7. Learned Advocate appearing for
the University, interestingly, has adopted a
neutral approach. He neither argued for the
petitioner nor for the respondent.

8. Having heard learned counsel for
the respective parties, I find the issue to be
as to whether a post of Animal Catcher
sanctioned in the laboratory of Zoology. It
is first necessary to understand what the
branch of Zoology is and what for the
laboratory is required.

9. 'Zoology' is a branch of Biology,
which specializes in the study of animals;
living or extinct including their anatomy
and physiology, embryology, genetics,
evolution, classification, habits, behaviour
and distribution. A laboratory of Zoology,
therefore, provides the students with a
8 All. Kulbhaskar Ashram Vs. State of U.P. & Ors.
1431
suitable environment to understand the
animal
world
related
researches
by
exploring physical, morphological and
physiological characteristics of animals.
The normal techniques to do research work
in the laboratory is like Radioimmunoassay
(RIA) development of vaccines aseptic
culture
techniques,
bacterial
growth,
isolation and identification of bacteria as
well as use of statistical methods. For
carrying out such studies, a number of
instruments are required, which are not
only put to operation with technical hands,
but even those who carry them and are
responsible for their upkeep are also to be
taken as technical hands. Normally, the
studies that have been taken place in the
past and that are still continuing and are
related to the animals like mice, rats,
hamster, guinea pigs, rabbits and monkeys.

10. The post of Animal Catcher
assumes significance for the fact that
animals are required to do research work
and the animals have not to be caught
routinely, but Animal Catcher has to be
efficient enough to locate a healthy animal
and a technique to be used to trap them so
that the animal does not get hurt before it is
trapped and ultimately caught. If an animal
gets hurt in the process of it being caught
for the purpose of research work, it may
develop an wound to house bacteria and
virus, which will ultimately render the
animal to be useless on one hand and
violence with the animal on the other,
which will not be good for the ecology.
Thus, a post of Animal Catcher is
necessarily required to be a technical post
as person must possess with the technical
hand to catch animal safely for the
purposes of research.

11. Now, looking to the Government
Order dated 14th March, 1984, I find that
for the office purposes general posts in the
category of Group-C, Group-B and GroupD have been created. The general category
Group-D post is at the ratio of 5 posts per
100 students and for every increase of 200,
an additional post is created. If the number
of students reaches to 800, then 2 persons
upon such post shall have to be appointed
as Sweepers by the college. It is also
provided that if more than 100 students are
there, an additional post of Daftary will be
sanctioned. Thus, in Class-IV general
category, 3 posts have been prescribed; (i)
Peon, (ii) Daftary and (iii) Sweeper. The
Government Order thereafter proceeds to
prescribe norms for library and in that
category also Class-IV post as Library
Peon has been created and if more than
1000 students are there, then Book Binder
is an additional post should be created. The
Government Order also provides that upto
300 students, there will be one post of Peon
whereas on every increase of 500 students,
there will be an additional post of Peon.

12 . Similarly, the Government Order
provides for different category of Group-C
and Group-D posts for laboratory. In the
laboratory of Zoology, there is a post
sanctioned of Animal Catcher. Similarly
for the department of Physics, a Class-IV
post created is Mechanic-cum-Electrician;
in the department of Chemistry, a post of
Gasman has been created and so in the
department of Botany, a post of Mali has
been created. The post of Lab Peon is also
created upto 200 students, but in the
department
of
Chemistry,
if
postgraduation courses is being run and is
having more than one branch, then there
will be an additional post of Lab Boy.

13. Clause-2 & 3 of the Government
order
dated 14th
March, 1984,
are
produced herein as under:
1432 INDIAN LAW REPORTS ALLAHABAD SERIES

"(2) प्रयोगशाला पररिर- सनिाकररत
िेतनमान

(र्) प्रत्येर् स्नातर् प्रयोगात्मर् सिषय
में आरम्भ में एर् पद।

(ख) दूिरा पद यसद छात्र िंख्या 200
िे असिर् हो।

(ग) रिायन सिज्ञान, भौसतर् सिज्ञान,
िनस्पसत सिज्ञान, प्राणी सिज्ञान, गृह सिज्ञान एिं
र्ृसष र्े प्रत्येर् स्नातर्ोिर सिषय में एर् पद
परन्तु रिायन सिज्ञान में यसद स्नातर्ोिर स्तर पर
एर् िे असिर् ब्ांच हैं तो एर् असतररक्त पद।

(3) (i) रिायन शास्त्र में एर् पद
गैिमैन

(ii) िनस्पसत सिज्ञान में एर् पद माली

(iii) भौसतर् सिज्ञान हेतु एर् पद
मैर्ेसनर्-र्म-इलेक्टरीसशयन

(iv) तथा प्राणी चिज्ञान िें एक पद
एचनिल कैिर का अनुिन्य होगा। यचद
िहाचिद्यालय िें भौचतक चिज्ञान ि रसायन
चिज्ञान िें स्नातकोत्तर कक्षायें हैं और शोध
कायय होता है तथा िकयशॉप उपलब्ध है तो
आिश्यकतानुसार एक पद िैकेचनक, एक
पद कारपेन्टर तथा एक पद ग्लॉसब्लोअर का
अनुिन्य चकया जा सकता है। चजन
िहाचिद्यालयोूं िें चिज्ञान कक्षायें न होूं और
छात्र सूंख्या 2000 से अचधक हो िहााँ भी
िहाचिद्यालय के भिन ि आिश्यकताओूं को
देखते हुए इलेक्ट्रीचशयन तथा कारपेन्टर का
एक-एक पद अनुिन्य होगा। "(Emphasis
added)

14. Thus from the above, it is quite
apparent that Lab Peon is a post separate
from the technical posts provided in the
laboratory. While Lab Peon will be
working in the laboratory as a Peon,
Gasman in the laboratory of Chemistry,
Gardner (Mali) in the laboratory of Botany,
Mechanic-cum-Electrician in the laboratory
of Physics and Animal Catcher in the
laboratory of Zoology are all technical
posts.

15. I have already discussed above
about the laboratory of Zoology and what
the Animal Catcher will do and, therefore, I
am not able to sustain the argument of
learned Standing Counsel that the post is of
general category to be taken as Class-IV
post and will come within the ambit of the
Government Order that provides for
outsourcing in respect of Class-IV posts
except in case of technical post.

16. Dealing with the argument that
the Court may not substitute its own view
to hold that a particular post is of technical
post, if government order is silent, is highly
misplaced in the context of the present
case. It cannot be doubted or disputed even
by
learned
Standing
Counsel
that
laboratory is a place where technically
speaking research and experiments go on,
to be specific, a technical work. The
research and experiments are done with
sound and expert technical hands and with
the help of technology applicable to the
field. A person with no knowledge of the
field concerned/discipline concerned to
which the laboratory belongs, cannot be of
any help. Therefore, the posts like Gasman,
Gardner, Mechanic-cum-Electrician and
Animal Catcher are to be filled up by those,
who are technically skilled persons. The
Government Order, itself, provides Lab
Boys and Lab Peons, which can be said to
be of a general Class-IV category.

17. Under the circumstances, it cannot
be said that if the Court holds the post
meant for a laboratory purposes to be
helping Class-IV hands as an aid to
research work, would not be treated to be a
technical post for the simple reason that the
8 All. Bechan Giri Vs. U.O.I. & Ors.
1433
word 'technical' has not been used in the
Government Order. If one defines the word
'technical', it may have many sense relating
to the discipline and field concerned as in
the case if laboratory of Chemistry, a
Gasman is a person, who carries and
maintain the gasses and, therefore, he
should have a knowledge to manage it and
this can be only when he has the technical
skill. Similarly, Gardner is a skilled person
in the field of plant and saplings to
maintain a botanical garden and again a
Mechanic-cum-Electrician is required to be
skilled in dealing with machines and
electric equipment. Therefore, Animal
Catcher in the laboratory of Zoology will
also be required to be skilled person
technically sound in the field to catch
animals safely for the purposes of research.

18. In view of the above, therefore, I
hold that the post of Animal Catcher meant
for a laboratory of Zoology is a technical
post and cannot be taken to be a general
Class-IV post.

19. Under the circumstances, the
Government Order that provides for
outsourcing dated 6th January, 2011, the
post of Animal Catcher in the laboratory of
Zoology would fall in the exception clause
of technical Class-IV post. Thus, the
institution is entitled to make regular
appointment against sanctioned post of
Animal Catcher in the laboratory of
Zoology of the institution.

20.

Accordingly,
writ
petition
succeeds and is allowed. The order dated
4th March, 2023, passed by the Joint
Director of Education, Prayagraj, issued on
behalf of Director of Higher Education,
Uttar
Pradesh,
Prayagraj,
is
hereby
quashed. The respondents are directed to
grant
permission
to
the
petitionerInstitution to fill up the post of Animal
Catcher
by
making
regular
appointment/recruitment
as
per
the
procedure
prescribed
for.
Necessary
permission shall be granted within 15 days
of presentation of a certified copy of this
order.

21. There will be no order as to costs.
----------
(2023) 8 ILRA 1433
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 17.07.2023

BEFORE

THE HON'BLE J.J. MUNIR, J.

Writ-A No. 9704 of 2023

Bechan Giri ...Petitioner
Versus
U.O.I. & Ors. ...Respondents

Counsel for the Petitioner:
Sri Seemant Singh

Counsel for the Respondents:
A.S.G.I., Sri Salilendu Kumar Upadhyay, Sri
Gyan Prakash Srivastava, Sri Ashok Khare
(Sr. Adv.)

Compassionate appointment, Dying in harness,
Baroda
U.P.
Bank,
Scheme
enforcement,
Retrospective operation, Prospective application,
Ministry of Finance Scheme, Clause 8.1 and 8.2,
Financial distress, Economic dependence, Public
sector bank, Circular dated 28.03.2019

Held: The writ petition challenging the order
dated 20.01.2020, declining compassionate
appointment for the petitioner on the ground
that his father's death in harness occurred
before
the
compassionate
appointment
scheme's enforcement on 15.03.2019, and the
circular
dated
28.03.2019
clarifying
the
scheme's prospective operation, is dismissed.
The petitioner's father, an office assistant at
Baroda U.P. Bank, died on 08.10.2018, before